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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY SECOND
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
1983
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1984
VOLUME LXIV

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY SECOND
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A.D.
1983
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A.D.
1984
VOLUME LXIV
INDEX
ADMINISTRATIVE PROCEDURES ACT
Board of Pilot Commissioners, Chapter 161
Division of Consumer Affairs, Chapter 168
professional engineers, Chapter 483
adoption
access to adoption records, Chapter 387
public officers and employees, Chapter 419
ADULT CORRECTIONS
parole procedures, Chapters 22, 188
Sentencing Accountability Commission, Chapter 402
supervised custody and work release. Chapter 200
adult entertainment establishments, Chapter 416
adulteration, Chapter 191
Adult Protective Services Act, Chapter 103
Advanced Real Property Acquisition Fund, Chapter 18
Advisory Council for the Coordination of Services, Chapter 60
"Agent Orange" bill, Chapter 25
AGRICULTURE
Canada thistle, Chapter 300
Council on Poultry Promotion, Chapter 294
criteria for land use. Chapter 127
domestic animals, Chapter 292
Farmland Assessment Act. Chapter 267
Johnsongrass control, Chapter 285
plant diseases and pests, Chapter 234
preservation of agricultural lands, Chapter 465
purchase of grain crops, Chapter 392
State grain inspectors, Chapter 439
aid to families with dependent children, Chapter 148
ALCOHOLIC LIQUORS
criminal offenses and penalties, Chapter 435
licenses and taxes, Chapters 104, 430, 434, 436, 437
sales to minors prohibited. Chapter 216
allocation of principal and income, Chapter 176
ti
Amusement Rides Safety Inspection and Insurance Act, Chapter 409
anatomical gifts, Chapter 16
ANNALS
cruelty to animals, Chapter 176
dogs, Chapter 283
domestic animals, Chapter 292
red fox whelps, Chapter 36
antique motor vehicles, Chapter 364
APPROPRIATIONS
Budget Appropriation Act (1983), Chapter 79
Budget Appropriation Act (1984), Chapters 90, 130
Budget Appropriation Act (1985), Chapter 334
grants-in-aid, Chapter 340
nominal appropriations. Chapter 73
archaeological sites, Chapter 138
ARREST AND COMMITMENT OF OFFENDERS
arrest without warrant, Chapter 362
federal law enforcement officers, Chapter 254
Statewide authority of police officers, Chapter 101
Assawoman Wildlife Area, Chapter 277
Auditor of Accounts. Chapter 205
Authority on Radiation Protection, Chapter 302
authorization of persons to sell insurance
certificate of authority. Chapter 348
deposit requirements, Chapter 269
BANK FRANCHISE TAXES
banks and trust companies having capital stock, Chapter 328
basis for assessment and taxation, Chapter 160
situs of stock for taxation, Chapter 442
bank loans
investments of fiduciaries, Chapter 141
loans to executive officers and directors, Chapter 428
BANKS AND TRUST COMPANIES
availability of funds. Chapter 478
consumer credit banks, Chapter 42
corporation law for banks, Chapters 156, 461
deposits, payments on income, and annuity contracts, Chapter 349
International Banking Development Act. Chapter 43
loan limitations, Chapters 141, 428
taxation, Chapters 160, 328, 442
Baumgardt, Elizabeth W., Chapter 164
beaches
erosion control, Chapter 361
prohibition against dogs, Chapter 283
Bethany Beach, Town of, Chapter 440
Bethel Public School, Chapter 24
beverage containers
Aluminum Container Re-Cycling Monitoring Committee, Chapter 500
effective date of "bottle bill," Chapter 111
BIDDING REQUIREMENTS FOR PUBLIC WORKS
Division for the Visually Impaired, Chapter 98
procurement of materiel and work, Chapter 359
retainages under public works contracts, Chapter 107
Bingo, Chapter 93
"blue collar" bill, Chapter 460
Board of Architects, Chapter 1
Board of Chiropractic, Chapter 413
Board of Electrical Examiners, Chapter 476
Board of Funeral Service Practitioners, Chapter 429
Board of Jury Commissioners
filling of vacancy, Chapter 186
selection of Jurors, Chapter 187
Board of Landscape Architects, Chapter 117
BOARD OF MEDICAL PRACTICE
composition of the Board, Chapter 477
Delaware Sunset Act, Chapter 222
Proceedings of the Board, Chapter 327
Board of Nursing, Chapter 26
Board of Personal Services, Chapter 8
BOARD OF PHARMACY
certificate requirements, Chapter 452
qualifications required for licensure applicants, Chapter 167
renewal of licenses, Chapter 247
iv
BOARD OF PILOT COMMISSIONERS
Administrative Procedures Act, Chapter 161
establishment of Board, Chapter 195
expenses of the Board. Chapter 360
Board of Podiatry
reconstruction of the Board, Chapter 39
temporary continuation of the Board. Chapter 484
Board of Services, Chapter 429
BOARD OF VETERINARY MEDICINE
apppointment and qualification of members, Chapter 448
meetings of the Board, Chapter 117
temporary permits, Chapter 163
Boards of Ditch Commissioners, Chapter 136
BONDS
Insurance deposit requirements, Chapter 269
local school bonds, Chapter 444
procedures for issuance of various bonds, Chapter 318
"bottle bill," Chapter 57
Bridgeville, Town of, Chapter 299
Budget Appropriation Act (1983), Chapter 79
BUDGET APPROPRIATION ACT (1984)
omnibus amendment, Chapter 130
original Act. Chapter 90
Violent Crimes Compensation Board, Chapter 248
Budget Appropriation Act (1985)
judicial salaries, Chapter 450
original Act, Chapter 334
BUDGET PREPARATION PROCESS
appropriation reduction by Governor, Chapter 7
estimates of General Fund revenues, Chapter 324
payment of appropriations, Chapter 109
prompt payment of invoices, Chapter 19
BUSINESS
Business and Licensing System Act, Chapter 12
notification of new taxes, Chapter 120
Regulatory Flexibility Act, Chapter 51
operation of a security business, Chapter 281
protection of employees' rights, Chapter 257
service of summons, Chapter 52
Business Registration and Licensing System
Business and Licensing System Act, Chapter 12
feasibility study. Chapter 457
Caesar Rodney, Chapter 489
Canada thistle, Chapter 300
Capital Improvements Bond Act of 1983
Delaware Transportation Authority, Chapter 11
Capital Improvements Bond Act of 1984
original Act, Chapter 131
Delaware Hospital for the Chronically Ill, Chapter 235
Capital Improvements Bond Act of 1985, Chapter 343
captive insurance companies. Chapter 454
Carpenter, Mildred, Chapter 137
charitable gift annuities
banking, Chapter 349
Insurance, Chapter 155
charitable organizations, Chapter 410
CHILDREN
child abuse, Chapter 213
Children's Trust Fund Act, Chapter 431
Missing Children Information Clearinghouse, Chapter 388
voluntary fingerprinting. Chapter 201
Children's Trust Fund Act, Chapter 431
CITY CHARTERS
Dover, Chapters 5, 143
Harrington, Chapters 215, 308
Lewes, Chapter 233
Rehoboth Beach, Chapter 83
Seaford, Chapter 4
civil liability for driver's negligence, Chapter 59
Clayton Fire Company, Chapter 261
"closed" judicial pensions
elegibIllty for retirement, Chapter 309
widows and widowers, Chapter 154
vi
COMMERCE AND TRADE
banks and trust companies, Chapter 141
corporations, Chapter 321
service stations, Chapter 264
Uniform Commercial Code, Chapters 152, 350. 358
COMMERCIAL FISHING
fin fish, Chapter 251
gill nets, Chapter 279
menhaden, Chapter 115
commercial forest plantations. Chapter 128
Commissioner of Corrections, Chapter 147
Commission on Family Law, Chapter 481
Commission on the Transportation of Hazardous Materials, Chapter 126
Committee to Insure the Availability of Professional Educators in Crucial Curricular
Areas, Chapter 491
COMMODITY TAXES
Motor Carriers' Fuel Purchase Law, Chapters 394, 395
Motor Fuel Tax, Chapters 335, 365
Realty Transfer Tax, Chapter 5
Tobacco Product Tax, Chapter 231
comparative negligence, Chapter 384
composition of the General Fund, Chapter 50
computers, Chapter 438
CONSTITUTIONAL AMENDMENTS
Enacted
absentee voting, Chapter 177
appointment of Judges, Chapter 179
local and special laws relating to fences, Chapter 405
lotteries and other gambling. Chapter 54
Supreme Court, Chapter 180
Proposed
term of office for certain county officers, Chapter 178
trial by jury, Chapter 404
CONSUMER AFFAIRS
automotive warranties, Chapter 173
Consumer Protection Fund, Chapter 303
Division of Consumer Affairs, Chapters 2, 168
Landlord - Tenant Code, Chapter 289
medical practices, Chapters 175, 204
public utilities. Chapter 150
consumer credit banks, Chapter 42
Consumer Protection Fund, Chapter 303
CONVEYING OF PUBLIC LANDS
parcel of 1.84 acres to Eva M. Williams, Chapter 337
portion of Assawomar6Wi1dlife Area to Bay View Park, Chapter 277
Warwick School No. 225 to Nanticoke Indian Association, Chapter 66
Corporation Income Tax, Chapter 94
CORPORATION LAW FOR STATE BANKS AND TRUST COMPANIES
conduct of internal corporate affairs, Chapter 156
formation of a bank or trust company, Chapter 386
ownership of capital stock in another bank or trust company, Chapter 461
CORPORATIONS
banking corporations, Chapter 156
foreign corporations, Chapters 321, 353
formation of corporations, Chapter 112
workmen's compensation, Chapter 92
Council on Consumer Affairs. Chapter 2
Council on Deaf Equality, Chapter 60
Council on Poultry Promotion, Chapter 294
Council on the Administration of Justice, Chapter 407
COUNTIES
county government, Chapter 174
inter--county elections registration, Chapter 332
issuance of bonds, Chapter 318
Kent County. Chapters 74, 75
suburban community improvements, Chapter 357
Sussex County, Chapters 65, 67, 68, 69, 70
term of office for certain county officers, Chapter 178
COUNTY TAXES
limitations upon county taxing powers, Chapter 77
specific organizations and purposes, Chapter 432
valuation and assessment of property. Chapter 127
Court of Chancery, Chapter 218
Court of Common Pleas, Chapter 462
COURTS AND CIVIL PROCEDURE
cQ
Court of Chancery, Chapter 218
Family Court, Chapters 217, 326
Justice of the Peace Courts, Chapters 35, 270. 274
vii
viii
Civil Procedure
Board of Jury Commissioners, Chapters 186, 187
civil actions against school employees. Chapter 280
guardianship proceedings. Chapter 245
Indochina herbicide exposure, Chapter 25
Judges and Justices, Chapters 154, 179, 199, 214
landlord - tenant proceedings, Chapter 282
personal actions, Chapter 384
service of summons on non-residents. Chapter 52
special constables, Chapter 72
Tort Claims Act, Chapter 443
victim impact statements, Chapter 352
witnesses, Chapter 418
credit cards
Retail Installment Sales Act. Chapter 209
use in extradition proceedings, Chapter 122
CRIMES
Felonies
adulteration, Chapter 191
computer-related offenses, Chapter 438
drug trafficking. Chapter 87
Insurance fraud, Chapter 194
receiving a stolen firearm, Chapter 38
theft and related offenses. Chapter 37
Misdemeanors
frauds and cheats, Chapter 125
offenses involving deadly weapons, Chapter 44
official misconduct, Chapter 48
Criminal Justice Planning Commission, Chapter 407
CRIMINAL PROCEDURE
extradition and detainers, Chapter 122
parole procedures, Chapters 22, 188
trial by jury, Chapter 404
victim impact statements, Chapter 352
witnesses and evidence, Chapter 276
cruelty to animals. Chapter 196
deadly weapons, Chapter 44
death with dignity, Chapter 204
Debt Set-off Act, Chapter 105
DECEDENTS AND DECEDENTS' ESTATES
allocation of principal and income, Chapter 176
debts and claims against an estate, Chapter 319
guardian and ward, Chapters 185, 351
Register of Wills, Chapter 76
wills, Chapters 252, 253
deferred compensation for State employees, Chapter 433
DEFINITIONS
basic skills unit, Chapter 323
beverage containers. Chapter 111
child abuse, Chapter 213
firearm, Chapter 17
gross receipts, Chapter 374
Insolvent insurer, Chapter 346
place of business, Chapter 102
public funds, Chapter 113
public utility, Chapter 342
security system. Chapter 377
unoccupied, Chapter 371
wages, Chapter 272
Delaware Administration for Regional Transit, Chapter 485
Delaware Compensation Commission, Chapter 449
Delaware Economic Development Authority
application for assistance, Chapter 10
employment of Delaware residents, Chapter 320
Delaware Geological Survey, Chapter 225
Delaware Hospital for the Chronically III, Chapter 235
DELAWARE NATIONAL GUARD
compensation for unused sick leave, Chapter 184
Department of Military Affairs, Chapter 258
financial assistance for education. Chapter 45
Delaware State Museum, Chapter 58
Delaware State Police, Chapter 181
Delaware Tort Claims Act, Chapter 443
Delaware Transportation Authority, Chapter 11
Delaware Veterans' Cemetery, Chapter 46
Delmar, Town of, Chapter 3
ix
x
Delmarva Advisory Council, Chapter 295
dentistry and oral hygiene, Chapter 236
Department of Administrative Services
Division of Support Operations, Chapter 399
sale of State-owned materiel, Chapter 227
Department of Community Affairs and Economic Development
Division of Volunteer Services, Chapter 313
Emergency Housing Fund Administration, Chapter 425
Department of Correction, Chapter 304
Department of Finance. Chapter 457
Department of Health and Social Services, Chapter 166
Department of Housing, Chapter 256
Department of Labor
Division of Employment Services, Chapter 499
Division of Vocational Rehabilitation, Chapter 393
Department of Services for Children, Youth and their Families, Chapter 108
desertion and support
order of support. Chapter 139
violation of support order, Chapter 296
determination of unemployment compensation benefits
definition of "wages," Chapter 272
elegibility for benefits. Chapter 427
Dewey Beach, Town of, Chapter 29
Division for the Visually Impaired
competitive bidding, Chapter 98
receipts from vending stands. Chapter 99
Division of Alcoholism, Drug Abuse, and Mental Health, Chapter 467
Division of Consumer Affairs
Administrative Procedures Act, Chapter 2
cease and desist orders, Chapter 168
1
DIVISION OF ENVIRONMENTAL CONTROL
public hearings. Chapter 62
sewage system cleansers and additives. Chapter 370
water well permits. Chapter 472
Division of Mental Health, Chapter 467
Division of Purchasing. Chapter 453
Division of Securities, Chapter 112
Division of Vocational Rehabilitation, Chapter 393
Division of Volunteer Services, Chapter 313
dogs
lead dogs and guide dogs, Chapter 389
prohibited from State coastal beaches, Chapter 283
DOMESTIC RELATIONS
adoption, Chapter 387
Commission on Family Law, Chapter 481
desertion and support, Chapters 139. 296
Uniform Parentage Act, Chapter 190
Dover, City of
annexation elections, Chapter 5
debt limit, Chapter 143
DRIVERS' LICENSES
Information on licenses, Chapter 286
Issuance of temporary instruction permits. Chapter 355
license qualifications, Chapter 183
minors, Chapter 23
persons exempt from licensing requirements, Chapter 468
driving under the influence of intoxicating liquor or drugs, Chapter 13
DRUGS
drug trafficking. Chapter 87
forfeiture of drug profits, Chapter 246
pharmaceutical research, Chapter 421
xi
xii
economic development
Advanced Real Property Acquisition Fund, Chapter 18
Economic Development Authority, Chapters 10, 320
EDUCATION
Administration
Delaware National Guard, Chapter 45
distribution of surplus textbooks and equipment. Chapter 30
Education Improvement Act of 1984. Chapter 464
local school bonds, Chapter 444
Pupils and Courses
basic skills units, Chapter 323
contracted services for certain pupils, Chapter 49
exceptional pupils, Chapter 381
handicapped pupils, Chapter 63
Instructional material in braille, Chapter 298
mandatory kindergarten, Chapter 315
subject-matter examination for pupils, Chapter 498
School. Employees
indemnification of school employees, Chapter 280
lecturer in residence. Chapter 458
professional employees, Chapters 250, 341, 446
Education Improvement Act of 1984, Chapter 464
E. I. duPont de Nemours and Company. Chapter 379
ELECTIONS
absentee voting, Chapter I'll
central and mobile registration, Chapters 332, 424
election officers, Chapter 408
General Election referendum, Chapter 414
maps of senatorial districts, Chapter 133
school board elections, Chapters 82. 255
Blendsle, Town of, Chapter 197
Emergency Loan Board, Chapter 240
employment practices, Chapter 333
Environmental Appeals Board, Chapter 293
ENVIRONMENTAL CONTROL
giant reed grass, Chapter 263
radioactive waste management compact, Chapter 140
soil and water conservation districts, Chapters 136, 382
estate taxes, Chapter 375
ESTIMATES OF GENERAL FUND REVENUES
budget and fiscal regulations. Chapter 324
Estimate of General Fund revenues for Fiscal Year 1984, Chapters 486, 493
Estimate of General Fund revenues for Fiscal Year 1985, Chapters 487, 494
EXECUTIVE ORDERS APPEARING IN THIS VOLUME
establishment of the Aluminum Container Re-cycling Monitoring Committee,
Chapter 500
Re-organization of the Department of labor. Chapter 499
explosives, Chapter 118
FAMILY COURT
procedural safeguards, Chapter 63
proceedings in the interests of a child, Chapter 326
Sussex County, Chapter 217
Farmland Assessment Act
for counties, Chapter 267
for municipalities. Chapter 480
FEES AND LICENSES
equalization of motor vehicle fees, Chapter 339
fees paid for election services, Chapter 408
Motor Vehicle Document Fee, Chapter 345
Sussex County building permits, Chapter 65
towed stock cars, Chapter 367
Fenwick Island, Town of
assessment and collection of taxes. Chapter 268
qualifications of voters, Chapter 53
Financial Disclosure Act
fair market value, Chapter 223
laws regulating the conduct of public officers, Chapter 110
"Finfish Act," Chapter 251
FIREARMS
definitions, Chapter 17
discharge of firearm on public road. Chapter 3'/3
receiving a stolen firearm, Chapter 38
theft, Chapter 37
FIRE DEPARTMENTS AND COMPANIES
Clayton Fire Company. Chapter 261
lotteries and other gambling, Chapter 100
personal income tax, Chapter 406
workmen's compensation, Chapter 412
xiv
foreign corporations
domestication of foreign corporations, Chapter 321
foreign corporations as fiduciaries, Chapter 353
forestry, Chapter 128
Forfeiture of Drug Profits Act, Chapter 246
Foster Child Review Act
definition of "child," Chapter 447
re-organization of the Act, Chapter 47
frauds and cheats
bad checks. Chapter 125
Insurance fraud, Chapter 194
Freedom of information Act. Chapter 113
gambling
Constitutional amendment, Chapter 54
lotteries, Chapters 100, 383
garage owners, Chapter 34
GENERAL ASSEMBLY
distribution of the Delaware Code, Chapter 453
Legislative Council, Chapter 329
representative districts in Kent County, Chapter 459
General Fund
composition of the General Fund, Chapter 99
Industrial Accident Board, Chapter 241
giant reed grass, Chapter 263
glass beverage containers, Chapter 57
Governor, Office of, Chapter %
Governor's Council on Labor, Chapter 290
GRANTS-IN-AID
application forms, Chapter 490
Harvest Years Senior Center, Chapter 456
payments to be made quarterly, Chapter 109
supplementary appropriation, Chapter 116
gross receipts tax. Chapter 374
GUARDIANS AND GUARDIANSHIP
appointment of guardians for minors, Chapter 351
guardians for aged and mentally-infirm persons. Chapter 245
term of guardianship, Chapter 185
"Guest Statute," Chapter 59
Haggerty. Ruth E., Chapter 301
HANDICAPPED PERSONS
contracted services for certain therapists. Chapter 49
deaf persons, Chapter 389
handicapped pupils, Chapter 298
mentally handicapped persons, Chapter 403
mentally retarded persons, Chapter 305
official misconduct, Chapter 48
parking for handicapped persons, Chapter 203
registration of motor vehicles, Chapter 88
State Use Law, Chapter 85
U41 di , V-1 &F. 881
Harrington, City of
city Charter. Chapter 215
conduct of meetings, Chapter 308
Hartly, City of, Chapter 210
Harvest Years Senior Center, Chapter 456
Hazardous Chemical Information Act, Chapter 344
HAZARDOUS MATERIALS
Commission on the Transportation of Hazardous Materials, Chapter 126
Department of Public Safety, Chapter 28
hazardous substance incident, Chapters 123, 124
hazardous waste management, Chapter 162
pesticides, Chapter 183
HEALTH AND SAFETY
Health
hazardous substance incident, Chapter 123
hazardous wastes, Chapter 162
Inflammation of eyes of newborn, Chapter 119
radiation control, Chapter 302
sewage system cleansers and additives, Chapter 370
vaccine-preventable diseases, Chapter 471
XV
xvi
SafeL.,ty
amusement rides, Chapter 409
fires and fire prevention, Chapter 336
hunting safety zones, Chapter 369
labeling of kerosene fuels, Chapter 31
storage of explosives, Chapter 118
health care insurance
State police officers, Chapter 297
temporary employees, Chapter 145
Health Facilities Subsidy Fund, Chapter 463
health service corporations
annual reports. Chapter 322
rates and rating organizations. Chapter 380
Hicks, Richard B., Chapter 462
HIGHWAYS
discharge of a firearm while on a highway. Chapter 373
real property fronting on a highway, Chapter 312
reconstruction of private subdivision streets, Chapter 405
service stations, Chapter 264
Home Solicitation Sales Act. Chapter 102
HORSE RACING
arabian horses, Chapter 266
horse racing in Kent County, Chapter 21
hours during which racing is prohibited. Chapter 278
tax on pari-mutuel income, Chapter 244
hospitals and other health facilities, Chapter 463
HOUSE JOINT RESOLUTIONS APPEARING IN THIS VOLUME
Committee to Insure the Availability of Professional Educators in Critical Curricular
Areas, Chapter 491
designating Memorial Day as a legal holiday. Chapter 495
establishing a process for awarding grants-in-aid. Chapter 490
estbnate of General Fund revenues for Fiscal Year 1983, Chapter 492
estimate of General Fund revenues for Fiscal Year 1984, Chapters 493, 494
Steering Committee for a Mastery Examination Program. Chapter 498
Task Force on Education for Economic Growth, Chapters 496, 497
housing authorities
State Housing Authority. Chapter 256
Wilmington Housing Authority, Chapter 390
Houston, Town of, Chapter 211
HUNTING AND FISHING
fin fish, Chapter 251
hunting safety zones, Chapter 369
menhaden, Chapter 115
shellfish, Chapter 279
surf clams, Chapter 243
IMPOSITION OF PERSONAL INCOME TAX
general reduction in tax rates, Chapter 317
reductions for taxable incomes of $40,000 and above, Chapter 325
tax tables for individuals, Chapter 376
individual health insurance
minimum standards, Chapter 142
Workman's Compensation, Chapter 378
Indochina herbicide exposure, Chapter 25
INDUSTRIAL ACCIDENT BOARD
appointment and composition. Chapter 170
compensation of Board members, Chapter 469
receipts and disbursements, Chapter 241
INSURANCE
Insurance Companies and Associations
captive insurance companies, Chapter 454
health service corporations, Chapters 322, 380
life and health insurance guaranty association, Chapter 106
Hegulatiork 91 Immo Practices
agents, brokers and solicitors, Chapters 121, 228, 230, 347
authorization of insurers, Chapters 269, 348
rates and rating organizations, Chapter 80
rehabilitation and liquidation, Chapters 193, 420
standard non-forfeiture and valuation law, Chapter 55
Dam 91 Immo
annuities, Chapter 155
casualty insurance contracts, Chapter 426
health care insurance, Chapters 145, 297
Individual health insurance, Chapters 142, 378
property insurance contracts, Chapter 371
requirement of insurance for all motor vehicles, Chapters 198, 356
INSURANCE AGENTS, BROKERS, SOLICITORS AND ADJUSTORS
Issuance and refusal of license, Chapter 121
license contents, Chapter 228
temporary licenses, Chapter 347
written examinations, Chapter 230
xvii
insurance corporations
access to assets of insurer in liquidation, Chapter 193
stunmary proceedings, Chapter 420
Insurance Guaranty Association Act, Chapter 346
International Banking Development Act, Chapter 43
Johnson Grass, Chapter 285
Joint Commission on School Reorganization, Chapter 341
JUDGES AND JUSTICES
advisory opinions, Chapter 214
disability pensions for new Judges, Chapter 199
judicial pay raises, Chapter 450
pensions for members of the State judiciary, Chapter 154
JUSTICE OF THE PEACE COURTS
appointment of constables, Chapter 271
costs, Chapter 274
full time (24-hour) courts, Chapter 35
Jurisdiction, powers and venue, Chapter 270
KENT COUNTY
bidding procedures, Chapter 174
General Assembly districts, Chapter 459
pensions for county employees, Chapter 75
prothonotary, Chapter 455
receiver of taxes and county treasurer, Chapter 74
Recorder of Deeds, Chapter 89
key executives, Chapter 40
King, Martin Luther. Chapter 451
LABOR
employment practices, Chapter 333
Governor's Council on Labor, Chapter 290
Industrial Accident Board, Chapters 170, 469
minimum wage rate, Chapter 84
protection of employees' rights, Chapter 257
right to inspect personnel files, Chapter 473
unemployment compensation, Chapters 91, 214, 258
wage payment and collection, Chapters 132, 226
workman's compensation. Chapters 92, 157. 171
LANDLORD AND TENANT
lease of mobile homes, Chapter 95
summary proceedings for possession, Chapter 282
tenant obligations and landlord remedies, Chapter 289
Laurel School District, Chapter 24
Laurel, Town of
Issuance of revenue bonds, Chapter 64
town Charter, Chapter 288
LAW ENFORCEMENT
arrest and commitment of offenders, Chapters 101, 354
arrest without a warrant, Chapter 362
police officers, Chapter 101
law enforcement officers
county and municipal police, Chapter 445
State-wide authority of police, Chapter 101
lease of State properties, Chapter 172
legal holidays
Martin Luther King's birthday, Chapter 451
Memorial Day, Chapter 495
legal representation for indigent persons, Chapter 212
Legislative Council of Delaware, Chapter 329
Leipsic, Town of, Chapter 307
"lemon law," Chapter 173
Lewes, City of
competitive bidding, Chapter 233
electricity to rental units, Chapter 306
libraries, Chapter 400
LICENSES AND PERMITS
conservation permits, Chapter 146
drivers' licenses, Chapters 23, 183, 286, 355
Insurance licenses, Chapter 228
sports and amusements, Chapter 310
taxicab or bus operators, Chapter 287
water well permits, Chapter 472
xix
XX
LICENSES TO SELL ALCOHOLIC LIQUORS
certificate and term of license. Chapters 436. 437
determination of applications. Chapter 430
purchase, sale and dispensing of liquors, Chapters 104, 434
liens of garagemen, Chapter 34
Life and Health Insurance Guaranty Association
assessments, Chapter 106
rehabilitation and liquidation. Chapter 193
local school districts
sale or lease of property. Chapter 254
termination of professional employees, Chapter 250
LOTTERIES
Constitutional amendment, Chapter 54
lottery referendum, Chapter 414
payment of prizes, Chapter 383
volunteer fire companies, Chapter 100
maps
senatorial districts. Chapter 133
Sussex County. Chapter 70
Medicaid
non-State institutions, Chapters 129, 219
State institutions, Chapter 221
MEDICAL PRACTICES
abandoning or discontinuing the practice. Chapter 372
agreements not to compete, Chapter 175
patient's right to terminate treatment. Chapter 204
menhaden, Chapter 115
MENTAL HEALTH
autistic persons. Chapter 381
mentally handicapped citizens, Chapter 403
mental retardation, Chapter 305
patients' Bill of Rights, Chapter 421
merit system of personnel administration
classified service and exemptions, Chapter 291
temporary, casual and seasonal employees, Chapter 439
Merriken, Mrs. P. H. C., Chapter 58
milk, Chapter 41
Milton, Town of, Chapter 265
minimum wage rate, Chapter 84
MINORS
alcoholic liquors. Chapter 216
application for driver's license, Chapter 23
support of minor child, Chapter 139
Uniform Gifts to Minors Act, Chapter 391
Missing Children Information Clearinghouse, Chapter 388
MOBILE HOMES AND MOBILE HOME PARKS
certification of tax status, Chapter 74
conversion of mobile home properties, Chapter 14
lease of mobile homes or mobile home lots. Chapter 95
MOTOR CARRIERS' FUEL PURCHASE LAW
exempt vehicles, Chapter 394
penalties for failure to comply, Chapter 396
vehicle markers, Chapter 395
MOTOR FUEL TAX
aid to municipalities for streets, Chapter 415
license for retail sale of gasoline, Chapter 368
special fuels, Chapters 335, 397
Motor Vehicle Document Fee, Chapter 345
MOTOR VEHICLES
Administration
certificates of title, Chapters 276, 366
driver's licenses, Chapters 183, 286, 468
Insurance, Chapter 426
license plates for veterans, Chapters 206, 262
registration of vehicles, Chapters 88, 260, 339, 466
requirement of Insurance for all motor vehicles, Chapter 198
size-and-weight enforcement technicians, Chapter 181
"special number" plates for towed vehicles, Chapter 367
&aim= g construction
size and weight of vehicles, Chapter 338
special mobile equipment, Chapter 259
vehicle windshields, Chapter 33
Offenses
driving under the influence of intoxicating liquor or drugs, Chapter 13
overweight and oversized vehicles, Chapter 207
parking for handicapped persons, Chapter 203
passing a stopped school bus, Chapter 311
XXi
Types of Vehicles
antique vehicles. Chapter 364
motorcycles, Chapter 355
taxicabs, Chapter 411
motor vehicle title certificates
crimes and criminal procedures, Chapter 276
titles and liens, Chapter 366
multiple-unit housing, Chapter 14
MUNICIPALITIES
aid to municipalities for streets, Chapter 415
Farmland Assessment Act, Chapter 480
municipal zoning regulations, Chapter 284
qualified agencies for construction of treatment works, Chapter 331
NATURAL RESOURCES
beach erosion control, Chapter 361
non--game wildlife and habitat preservation programs, Chapter 151
preservation of agricultural lands, Chapter 465
red fox whelps, Chapter 36
state coastal beaches, Chapter 283
wetlands, Chapter 61
navigation and waters
abandoned vessels, Chapter 242
pilotage rates, Chapter 232
New Castle County
Justice of the Peace Courts, Chapter 35
sale of land owned by the County, Chapter 229
Northeast Interstate Low-Level Radioactive Waste Management Compact, Chapter 140
notaries public. Chapter 275
nursing home administrators, Chapter 159
OCCUPATIONS AND PROFESSIONS
architecture, Chapter 1
barbers, Chapter 144
chiropractic, Chapter 413
cosmetology, Chapter Ft
dentistry, Chapter 236
electricians, Chapter 476
engineering, Chapter 483
massagists, Chapter 416
medicine, Chapters 175, 327, 372
notaries public, Chapter 275
nursing, Chapter 26
nursing home administrators, Chapter 159
pharmacy, Chapters 167, 247, 452
physical therapy, Chapter 192
podiatry, Chapter 39
real estate brokers and salesmen, Chapter 208
river pilots, Chapters 195, 360
taxicab or bus operators, Chapter 287
veterinary medicine, Chapters 117, 163
PARKS AND HISTORIC SITES
archaeological and geological resources. Chapter 138
gift from E. I. ctuPont de Nemours and Company. Chapter 379
underwater lands, Chapter 475
patient's right to terminate treatment, Chapter 204
Paul F. Livingston Bridge, Chapter 385
peace officers, Chapter 80
pedestrians' rights and duties. Chapter 32
PENSIONS FOR MEMBERS OF THE STATE JUDICIARY
acceptance of provisions, Chapter 202
"closed" plan, Chapters 154, 309
post-retirement increases, Chapter 249
"revised" plan, Chapter 199
PERSONAL INCOME TAX
credits for active volunteer firemen, Chapter 406
Imposition and rate of tax, Chapters 317. 325, 376
Itemized deductions, Chapter 410
personal exemptions, Chapter 330
returns and payment of tax, Chapter 153
tax on resident individuals, Chapters 224, 470
withholding of tax. Chapters 6, 422
pesticides, Chapter 189
Phoenix Steel Corporation, Chapter 240
physical therapy, Chapter 192
Prisons And Prisoners
parole procedures, Chapter 22
supervised custody and work release. Chapter 200
xxiv
PRIVACY AND DISCLOSURE OF RECORDS
access to adoption records, Chapter 387
banking practices, Chapter 478
right to inspect personnel files. Chapter 473
products utilizing petroleum derivatives. Chapter 31
prothonotaries, Chapter 455
PROFESSIONAL EMPLOYEES OF PUBLIC SCHOOLS
conduct of termination hearings, Chapter 250
recruitment and training, Chapter 341
retired and disabled teachers, Chapter 446
PUBLIC CONTRACTS
contracts with the County, Chapter 135
contracts with the State, Chapter 229
public library system, Chapter 400
public works contracts, Chapters 107, 359
public health, Chapter 118
PUBLIC OFFICERS AND EMPLOYEES
Auditor of Accounts, Chapter 205
conflicts of interest, Chapter 423
Delaware Compensation Commission, Chapter 449
financial disclosure, Chapter 110
Public Defender, Chapter 212
Public Service Commission
Jurisdiction and powers, Chapter 150
limitations on Commission jurisdiction, Chapter 342
PUBLIC UTILITIES
land mobile radio service. Chapter 342
Public Service Commission, Chapter 150
public utilities taxes, Chapter 460
Quillen, Nelson L., Chapter 398
real estate brokers and salesmen, Chapter 208
REAL PROPERTY
decedents' estates, Chapter 252
real property fronting on private roads, Chapter 312
State disposition of property, Chapter 96
XXV
Realty Transfer Tax
collection of tax, Chapter 15
payment from proceeds of judicial sale, Chapter 182
Recorder of Deeds, Chapter 89
REGISTER OF WILLS
debts and claims against an estate, Chapter 319
deposit of an original will, Chapter 401
fees, Chapter 76
REGISTRATION OF MOTOR VEHICLES
Inspection of vehicles, Chapter 260
plates, Chapter 88
registration of vehicles of new residents, Chapter 466
special mobile equipment. Chapter 259
registration of voters
conduct of mobile registration, Chapter 424
Inter-county registration, Chapter 332
Regulatory Flexibility Act, Chapter 51
Rehoboth Beach, City of, Chapter 83
religion, Chapter 103
REORGANIZED SCHOOL DISTRICTS
equalization funding, Chapter 314
mandatory kindergarten. Chapter 315
retention of certain income as "local funds," Chapter 50
sale of property, Chapter 81
State salary scales, Chapter 20
requirement of insurance for all motor vehicles
funeral expense benefits. Chapter 356
motor vehicle safety and responsibility, Chapter 198
Retail Installment Sales Act, Chapter 209
RETIREMENT AND DISABILITY PENSIONS
county and municipal police, Chapter 445
Kent County employees, Chapter 75
professional employees of public schools, Chapter 446
State employees, including judiciary, Chapters 309. 417
"Right to Know" Act, Chapter 344
river pilots
Board of Pilot Commissioners, Chapter 195
navigation and waters, Chapter 232
xxvi
RULES OF THE ROAD
passing a stopped school bus, Chapter 311
pedestrians' rights and duties, Chapter 32
persons authorized to direct traffic, Chapter 165
sale of State-owned materiel, Chapter 227
school board elections
local and school taxes, Chapter 255
time and place of election, Chapter 82
Seaford, City of
Board of Adjustment, Chapter 56
floating debt, Chapter 4
Second Injury and Contingency Fund, Chapter 239
security systems and protective services
electronic article surveillance equipment, Chapter 377
occupations and professions, Chapter 281
SENATE RESOLUTIONS APPEARING IN THIS VOLUME
Board of Podiatry Examiners, Chapter 484
conunemmorating the 200th anniversary of Caesar Rodney's death, Chapter 489
Delaware Administration for Regional Transit, Chapter 485
Estimate of General Fund revenues for Fiscal Year 1984, Chapter 486
Estimate of General Fund revenues for Fiscal Year 1985, Chapter 487
Steering Committee on Telecommunications Policy, Chapter 488
Sentencing Accountability Commission, Chapter 402
set-off for statutory obligations, Chapter 105
SEWER AND WATER DISTRICTS
cesspools, privy wells and drainage systems, Chapter 479
Kent County, Chapter 441
lien of service charges on real estate, Chapter 67
power to issue bonds. Chapter 68
sexual discrimination, Chapter 135
soil and water conservation districts, Chapter 382
"Son of Sam" Act, Chapter 169
special constables, Chapter 72
special fuel taxes
powers of Motor Fuels Tax Division, Chapter 335
violations and penalties, Chapter 397
SPECIAL PENSIONS FOR NON-CONTRIBUTING, INELIGIBLE BENEFICIARIES
Baumgardt, Elizabeth W., Chapter 164
Carpenter, Mildred, Chapter 137
Haggerty, Ruth E., Chapter 301
Ward, George A., Chapter 86
SPORTS AND AMUSEMENTS
Bingo, Chapter 19
horse racing, Chapters 21, 244, 266, 2'18
licenses for shows and exhibitions, Chapter 310
Standard Non-forfeiture and Valuation Law, Chapter 55
State agencies
agencies for inter-State cooperation, Chapter 295
budget and fiscal regulations, Chapter 19
State beverage, Chapter 41
STATE BOARD OF EDUCATION
distribution of surplus textbooks and equipment, Chapter 30
individual employee contracts, Chapter 20
lecturer-in-residence pilot program, Chapter 458
State Board of Health, Chapter 471
State Bureau of Identification, Chapter 213
state economic development, Chapter 10
STATE EMPLOYEES
conflicts of interest, Chapter 423
deferred compensation for public officers and employees, Chapter 433
health care insurance, Chapter 145
key employees, Chapter 40
leave of absense for adoption, Chapter 419
merit system of personnel administration, Chapter 291
methods of payment, Chapter 316
protection of public employees, Chapter 97
salaries and wages, Chapters 220, 225
State Employees' Federal Credit Union, Chapter 172
State Employees' Pension Plan
elegIbility requirements and benefits, Chapter 417
post-retirement increases, Chapter 249
State Fire Marshal, Chapter 336
STATE GOVERNMENT
Department of Administrative Services, Chapters 227, 399
Department of Community Affairs and Economic Development, Chapters 313, 425
Department of Correction, Chapters 147, 304
Department of Health and Social Services, Chapter 166
Department of Justice, Chapter 418
Department of Labor, Chapter 393
Department of Military Affairs, Chapters 45, 184, 259
Department of Natural Resources and Environmental Control, Chapter 146
Department of Public Safety, Chapters 28, 124
Division for the Visually Impaired, Chapter 98
Division of Environmental Control, Chapter 62
State Housing Authority, Chapter 256
State planning and property acquisition, Chapter 96
State Treasurer, Chapter 316
Steering Committee on Telecommunications Policy, Chapter 488
suburban community improvements, Chapter 357
Sunset Act, Chapter 222
SUPPLEMENTARY APPROPRIATIONS
Department of Health and Social Services, Chapters 129, 219, 221
grants-in-aid, Chapter 116
Paul F. Livingston Bridge, Chapter 385
Phoenix Steel Corporation, Chapter 240
Quillen, Nelson L., Chapter 398
SUPREME COURT
advisory opinions, Chapter 214
appointment of constables, Chapter 271
jurisdiction, Chapter 180
surf clams, Chapter 243
SUSSEX COUNTY
administration of county government, Chapter 69
building permits, Chapter 65
official map of Sussex County, Chapter 70
sewer and water districts, Chapters 67, 68
Sussex County Council, Chapter 149
zoning, Chapter 78
Task Force on Education for Economic Growth
Career development and accountability programs for school employees, Chapter 496
Education Improvements Monitoring Committee, Chapter 497
TAXATION
alcoholic beverages, Chapter 104
bank franchise tax, Chapter 160
commodity taxes. Chapters 5, 231, 335, 365
Corporation Income Tax, Chapter 94
county taxes, Chapter 77
deductions from tax refunds, Chapter 151
estate tax. Chapter 375
notification of new taxes, Chapter 120
Personal Income Tax, Chapter 6
set-off, Chapter 105
"Truth in Taxation," Chapter 363
tax ditches
boards of ditch commissioners, Chapter 136
funds appropriated for ditches, Chapter 382
taxicabs, Chapter 411
tax on resident individuals
Railroad Retirement Act benefits, Chapter 470
Social Security Act benefits, Chapter 224
Tax Reform Act of 1984
original Act, Chapter 317
personal exemptions, Chapter 330
Tax-related Job Creation and Economic Development Act, Chapter 325
theft and related offenses
offenses involving deadly weapons, Chapter 38
theft of firarms, Chapter 134
Tobacco Product Tax, Chapter 231
TOWN CHARTERS
Bethany Beach, Chapter 440
Bridgeville, Chapter 299
Delmar, Chapter 3
Dewey Beach, Chapter 29
Ellendale, Chapter 197
Hartly, Chapter 210
Houston, Chapter 211
Femvick Island, Chapter 53
Laurel, Chapters 64, 288
Leipsic, Chapter 307
Milton, Chapter 265
Wyoming, Chapters 9, 238
max
TRANSFERS OF FUNDS ACROSS BUDGET LINES
from Department of Corrections to Department of Health and Social Services,
Chapter 235
from State Budget Office to Department of Agriculture, Chapter 237
General Fund positions from executive branch to State Personnel Office, Chapter 403
transportation, Chapter 11
"Truth in Taxation," Chapter 363
UNEMPLOYMENT COMPENSATION
advisory council. Chapter 91
authority to borrow federal funds, Chapter 158
compensation benefits, Chapters 272, 427
Unemployment Compensation Fund, Chapter 114
Uniform Anatomical Gift Act, Chapter 16
UNIFORM COMMERCIAL CODE
commercial paper, Chapter 350
electronic transfers and evidences of securities, Chapter 152
secured transactions, Chapters 358, 392
Uniform Controlled Substances Act, Chapter 246
Uniform Gifts to Minors Act, Chapter 391
Uniform Law on Notarial Acts, Chapter 275
Uniform Parentage Act, Chapter 190
University of Delaware. Chapter 220
Veterans
Delaware Veterans' Cemetery, Chapter 46
special license plates, Chapters 206, 262
VICTIMS OF CRIMES
payment of victim compensation, Chapter 273
"Son of Sam" Act, Chapter 169
victim impact statements, Chapter 352
Violent Crimes Compensation Board, Chapter 248
wage payment and collection
employee termination pay. Chapter 226
salary differentials due to gender, Chapter 132
Ward, George A., Chapter 86
Warwick School No. 225, Chapter 66
Wastewater Treatment Construction Grants Act, Chapter 331
WELFARE
aid to families with dependent children, Chapter 148
Foster Child Review Act, Chapters 47, 447
public benefits programs, Chapter 482
WETLANDS
underwater lands, Chapter 475
Wetlands Appeals Board, Chapter 293
wetlands maps, Chapter 61
"whistle-blower's bill," Chapter 97
Williams, Eva M., Chapter 337
WILLS
after-acquired real estate, Chapter 252
deposits with Register of Wills, Chapter 401
interpretation of a will, Chapter 253
Wilmington Housing Authority, Chapter 390
windshields, Chapter 33
withholding of income tax
employer's return and payment of tax, Chapter 6
United States Olympics account, Chapter 422
Woodshaven School for Girls, Chapter 73
WORKMEN'S COMPENSATION
executive officers, Chapter 92
Industrial Accident Board, Chapter 469
Second Injury and Contingency Fund, Chapter 239
sole proprietors and partners, Chapter 157
summer youth employment programs, Chapter 171
volunteer fire companies, Chapter 412
Wyoming, Town of
annexation of territory, Chapter 9
organization of town council, Chapter 238
ZONING
municipalities, Chapter 284
Sussex County, Chapter 77
CHAPTER 1
FORMERLY
SENATE BILL NO. 67
AN ACT TO AMEND TITLE 24 AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE
REGULATION OF ARCHITECTURE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend Chapter 3, Title 24 of the Delaware Code by striking said chapter in its entirety,
and substituting in lieu thereof the following:
"CHAPTER 3. ARCHITECTURE
S301. Objectives and Functions
The primary objective of the Board of Architects, to which all other objectives and purposes are
secondary, is to protect the general public (including those persons who are direct recipients of services
regulated by this Chapter) from unsafe practices, and from occupational practices which tend to reduce
competition or fix the price of services rendered. The secondary objectives of the Board are to maintain
minimum standards of practitioner competency, and to maintain certain standards in the delivery of
services to the public. In meeting its objectives, the Board shall develop standards assuring professional
competence; shall monitor complaints brought against practitioners regulated by the Board; shall
adjudicate at formal complaints hearings; shall promulgate rules and regulations; and shall impose
sanctions where necessary against practitioners.
S302. Definitions
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed
to them in this Section, except where the context clearly indicates a different meaning:
'Architect' shall mean a person registered with the Board of Architects to
practice architecture.
'At cost' shall mean the cost expended by the Division of Business and Occupational
Regulation in producing the materials, plus the cheapest available form of mailing or delivery. It
shall not include any amount or fee amount which might be charged for employee time or other
non-material items.
'Certificate of Registration' shall mean any document which indicates that a person is
currently registered with the Board of Architects.
'Person or firm which provides construction services' shall Include architects and
architectural businesses; engineers and engineering businesses; and any other occupation involved in
the design of structures.
'Practice of Architecture' shall mean the rendering or offering to render those services,
hereinafter described, in connection with the design and construction of a structure or group of
structures which have as their principal purpose human habitation or use, and the utilization of
space within and surrounding such structures; the services referred to include planning, preparing
studies, designs, drawings and specifications and furnishing administration of construction contracts.
S303. License to Practice
The right to engage in the practice of architecture shall be deemed a personal right, based upon
the qualifications of the individual as evidenced by his or her certificate of registration, which shall not
be transferable. No person shall hold himself out to the public as being a licensed architect, or use in
connection with his name or otherwise assume, use or advertise any title or description Intending to
convey the impression that he is a licensed architect, unless such person has been licensed under this
Chapter.
The provisions of this Chapter shall not be construed to prevent, nor to affect:
The work of an employee or subordinate of a licensee, providing such work is done under the
direct responsbility and supervision of the licensee;
The practice of architecture by a person licensed in this State as a professional engineer,
2 Chapter 1
when such practice is incidental to what may be properly considered an engineering project;
The practice of architecture by a landscape architect legally registered in this State when
such practice is incidental to what may be properly considered a landscape architecture project;
The practice of architecture by a corporation, whether or not organized under Chapter 6 of
Title 8, if the practice is done under the direct responsibility and supervision of an architect;
The design by persons not registered under this Chapter of single and two-family dwellings,
sheds, storage buildings, and garages incidental to such dwellings;
The design by persons not registered hereunder of farm buildings: Including barns, silos,
sheds, or housing for farm equipment and livestock, provided such structures are designed to be
occupied by no more than ten persons; or
The design by persons not registered hereunder of an alteration, renovation, or remodeling
of a structure when such alteration, renovation, or remodeling does not affect structural or other
safety features of the structure and when the work contemplated by the design does not require the
Issuance of a permit under applicable building codes.
$304. Board of Architects
The Board of Architects shall consist of nine members appointed by the Governor: five
professional members who shall be architects; and four public members. To serve on the Board, a public
member shall not be nor ever have been a person or firm which provides construction services, nor a
member of the immediate family of an architect or engineer; shall not have been employed by a person
or firm which provides construction services; shall not have had a material financial interest in the
providing of goods and services to any person or firm which provides construction services; nor have been
engaged in an activity directly related to the design of buildings. No person shall be a public member if
a member of such person's immediate family is an architect, or is an employee of an architect; or if a
member of such person's immediate family has a material or financial interest in the providing of goods
or services to architects. Each public member shall be accessible to inquiries, comments and suggestions
from the general public.
Each member shall serve for a term of five years, and may succeed himself for one additional
term; provided however, that where a member was Initially appointed to fill a vacancy, such member
may succeed himself for only one additional full term. Any person appointed to fill a vacancy on the
Board shall hold office for the remainder of the unexpired term of the former member. Each term of
office shall expire on the date specified in the appointment, and the member shall no longer be eligible
to participate in Board proceedings unless lawfully appointed.
A member of the Board shall be suspended or removed by the Governor for misfeasance,
non-feasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified from
Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member
may appeal any suspension or removal to the Superior Court.
No member of the Board of Architects, while serving on the Board, shall be a President,
Chairman or other official of a professional architect association.
The provisions set forth for "employees" in $5855 of Title 29 shall apply to all members of the
Board, and to all agents appointed by or otherwise employed by the Board.
Each member of the Board shall receive not more than five hundred dollars ($500.00) in any
calendar year; and shall receive not more than forty dollars ($40.00) for each meeting, under twelve
meetings, which such member attends during that year. In the event the member attends a thirteenth
meeting of the Board, such member shall receive the difference between the total compensation already
received and the five hundred dollars ($500.00) maximum total permitted under this section.
$305. Officers; Conduct of Business
(a) In the same month of each year the members shall elect, from among their number, a
President, and a Secretary. A member may serve as an officer or the Board for not more than
three consecutive years.
(hi The Board shall hold a regularly scheduled business meeting at least once in each
quarter or a calendar year and at such other times as the President deems necessary, or at the
request of a majority of Board members. Special or emergency meetings may be held without
notice, but a copy of the minutes of such meeting shall be forwarded to those practitioners who
have ordered copies of Board meetings. A majority of members shall constitute a quorum; and
no action shall be taken without the affirmative vote of at least five members. Any member
who falls to attend three consecutive meetings, or who falls to attend at least half of all
regular business meetings during any calendar year, shall automatically upon such occurrence be
Chapter 3. 3
deemed to have resigned from office and a replacement shall be appointed.
Minutes of all meetings shall be recorded, and copies of the minutes shall be
maintained by the Division of Business and Occupational Regulation. At any hearing where
evidence is presented, such hearing shall be recorded and transcribed by the Division.
The Division of Business and Occupational Regulation shall annually compute the
average expenses incurred in duplicating the following materials: the meeting schedule for the
Board, notice of next business meeting, and the minutes of Board meetings. Upon his initial
licensure and each license renewal, each practitioner shall receive a list of materials available
from the Division, and the price charged to receive each for one year. Each item shall be
offered to the practitioner at cost. A practitioner may order any one, or may order all, of the
materials.
6306. Powers and Duties
(a) The Board of Architects shall have authority to:
(I) Formulate rules and regulations relating to official seals, rosters, and other matters, with
appropriate notice to those affected, where such notice can reasonably be given. Each rule or
regulation shall implement or clarify a specific section of this chapter;
Designate the application form to be used by all applicants, and to process all applications;
Designate a written national examination, prepared by the National Council of
Architectural Registration Boards. The examination shall be prepared for testing on a national
basis, and not specifically prepared at the request of the Board for its individual use. The national
examination shall be taken by persons applying for licensure, except those reciprocity applicants
who have previously taken the examination;
Provide for the administration of all examinations, including notice and information to
applicants;
Under such conditions as are permitted by the national testing service, to administer a
nationally-prepared and corrected examination, or a similar national examination for those
applicants who have been unable to take a national examination at the school or college of
architecture, or elsewhere;
Grant licenses to all persons who meet the qualifications for licensure;
Receive complaints from practitioners and from the public concerning practitioners, or
concerning practices of the Board or of the profession; to evaluate such complaints; and to take such
action within its powers as the Board deems appropriate;
Hold hearings and take such actions as are permitted under the provisions of the
Administrative Procedures Act, except where such provisions conflict with the provisions of this
Chapter. The Board shall determine whether or not a practitioner shall be the subject of a
disciplinary hearing, and if so, to conduct such hearing in accordance with this Chapter;
Where It has been determined after a disciplinary hearing, that penalties or sanctions should
be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has
lapsed;
Bring proceedings in the courts for the enforcement of this chapter;
In cooperation with the Division, to maintain complete records relating to meeting
minutes, applications, examinations, rosters, changes and additions to the rules and regulations,
complaints, hearings, and such other matters as the Board shall determine.
(b) The Board may require by subpoena the attendance and testimony of witnesses and the
production papers, records or other documentary evidence.
S307. Application Procedure
(a) An applicant who is applying for examination and licensure under this Chapter shall have the
following qualifications:
The applicant has been graduated from high school, or holds a diploma or certificate
attesting that he has successfully completed the equivalent of a high school education;
An applicant shall not have been convicted of a felony, nor have been professionally
penalized or convicted for drug addiction, nor have been professionally penalized or convicted for
4 Chapter 1
fraud;
(3) Each applicant shall provide such information as may be required on an application form
designed and furnished by the Board. No application form shall require a picture of the applicant;
reqwre information relating to citizenship, place of birth, or length of state residency; nor shall it
require personal references.
(b) Where the Board has found to its satisfaction that an application has been intentionally
fraudulent, or that false information has been intentionally supplied, It shall report its findings to the
Attorney General for further action.
(c) Where the application of a person has been refused or rejected and such applicant feels that
the Board has acted without justification; has imposed higher or different standards for him than for
other applicants; or has in some other manner contributed to or caused the failure of such
application, the applicant may appeal to the Superior Court.
Examination of Applicants
The Board shall, at least once per year, or at such times as are determined by the National Council
of Architectural Registration Boards, administer a national examination, prepared by the National
Council or other similar national testing service; or such portions of the national examination as it deems
necessary. Such national written examination shall be obtained from, and corrected by, the National
Council of Architectural Registration Boards. Where an applicant has failed to pass the examination, but
has successfully completed and passed certain portions or sections of the examination, the applicant shall
in the next subsequent examination be tested only for those portions or sections which he previously
failed. In the event the applicant fails the second time to successfully complete those portions which he
previously failed, the Board may require that such applicant again take the complete examination.
In the event an applicant has already taken and passed the national examination, the certificate or
other evidence from the testing service acknowledging same shall be accepted, and no further state
examination shall be necessary.
Reciprocity
Where the applicant is already licensed in another State, the Board shall in lieu of all other
requirements for licensure provided for in this chapter, accept a certificate or other evidence of his
examination score, issued by the National Council of Architectural Registration Boards, which states
that the applicant has successfully completed its national examination; provided however, that in cases
where the current examination contains additional sections relating to matters not covered by the
applicant's previous examination, the applicant shall take an examination which is limited to those
sections of the National examination which were not previously taken by the applicant. An application
for licensure by reciprocity shall be accompanied by full payment of the reciprocity fee.
Fees
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably
reflect all costs necessary to defray the expenses of the Board as well as the proportional expenses
incurred by the Division of Business and Occupational Regulation in its services on behalf of the Board.
There shall be a separate fee charged for each service or activity, but no fee shall be charged for a
purpose not specified in this Chapter. The application fee shall not be combined with any other fee or
charge. At the beginning of each calendar year the Division of Business and Occupational Regulation, or
any other state agency acting in its behalf, shall compute for each separate service or activity, the
appropriate Board fees for the coming year.
Licensure; Renewal of License
Each license shall be renewed biennially, in such manner as is determined by the Division of Business
and Occupational Regulation. The Board shall, in its rules and regulations, determine the period of time
within which a practitioner may still renew his license, notwithstanding the fact that such practitioner
has failed to renew on or before the renewal date; provided however, that such period shall not exceed
one year. The Board shall charge for each month or quarter during such "late renewal period" a late fee
which, at the end of such "late period" shall be twice the sum of the unpaid renewal fee. At the
expiration of the period designated by the Board, the license shall be deemed to be lapsed and not
renewable, unless the former licensee re-applies under the same conditions which govern reciprocity;
provided however, that the former licensee shall also pay a reinstatement fee in an amount which is
three times the amount of the reciprocity fee.
Complaints
(a) Any practitioner or member of the public who has a question or a complaint concerning any
aspect of the practice of architecture may, during the regular business hours of a business day, contact
the Board or the Division of Business and Occupational Regulation; or voice such question or complaint
at a business meeting or the Board.
Chapter 1. 5
(b) The Board shall investigate any complaint, including oral and anonymous complaints; and shall
follow through on those informal complaints which, upon investigation, appear to be valid and
well-founded. In cases where the complainant is known to the Board it shall, within six weeks after
receipt of the complaint, notify the complainant whether or not It will take any action in the matter. If
the Board decides to take no action it shall, by letter, state its reasons therefor. A complete record
shall be kept of each complaint, formal or informal provided however, that the complaints records may
be purged after five years.
5313. Violations; Grounds for Professional Discipline
(a) Practitioners regulated under this Chapter shall be subject to those disciplinary actions set forth
in 5314 If, after a hearing, the Board finds:
That the practitioner has employed or knowingly cooperated in fraud or material deception
in order to be licensed, or be otherwise authorized to practice architecture;
Illegal, incompetent or negligent conduct In the practice of architecture;
Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);
That the practitioner has been convicted of a felony or crime involving moral turpitude;
That the practitioner, as an architect or otherwise in the practice of his profession,
knowingly engaged in an act of consumer fraud or deception, engaged in the restraint of
competition, or participated in price-fixing activities;
That the practitioner has violated a lawful provision of this Chapter, or any lawful
regulation established thereunder.
(b) A practitioner shall be subject to non-disciplinary remedial action if, after a hearing, the Board
finds that there is a danger to the health, safety and welfare of the public due to:
(I) Physical Illness or loss of motor skill, including but not limited to deterioration through the
aging process; or
Temporary emotional disorder or mental illness;
Permanent emotional disorder or mental illness.
(c) If a practitioner's physical or mental capacity to practice safely is at issue in a non-disciplinary
remedial proceeding, the Board may order the practitioner to submit to a reasonable physical or mental
examination. Failure to comply with a lawful order to submit to a physical or mental examination shall
render a practitioner liable to temporary suspension or revocation of license in accordance with 5314.
(d) Where a practitioner fails to comply with the Board's request that he submit to an examination
or attend a hearing, the Board may petition the Superior Court to order such examination or attendance,
and the said Court or any Judge assigned thereto shall have jurisdiction to issue such order.
(e) No license shall be restricted, suspended or revoked by the Board; and no practitioner's right to
practice shall be limited by the Board, until such practitioner has been given notice, and an opportunity
to be heard in accordance with 5315 of this Chapter.
5314. Remedial Actions and Disciplinary Sanctions
The Board may impose any of the following sanctions, singly or in combination, when it finds that
one of the conditions or violations set forth in S3I3 applies to a practitioner regulated by this Chapter:
(I) Issue a letter of reprimand ;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status, and require the practitioner to:
Report regularly to the Board upon the matters which are the basis on the probation,
Limit all practice and professional activities to those areas prescribed by the Board,
and/or
Continue or renew his professional education until the required degree of skill has
been attained in those areas which are the basis of the probation;
(4) Suspend any practitioner's license; or
6 Chapter 1
(5) Revoke a practitioner's license.
The Board may withdraw or reduce conditions of probation when it finds that the deficiencies
which required such action have been remedied.
The Board may temporarily suspend a practitioner's license in advance of a final adjudication, or
during the appeals process; but only in cases where there is a clear and immediate danger to the health,
safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may
be appealed.
Where a license has been suspended due to a disability of the licensee, the Board may reinstate
such license if, after a hearing, the Board is satisfied that the licensee is able to practice with
reasonable skill and safety.
As a condition to reinstatement of a suspended license, or removal from probationary status, the
Board may impose such disciplinary or corrective measures as are authorized under this Chapter.
5315. Board Hearings; Procedure
Upon the receipt of a complaint against a practitioner, the Board shall determine what action,
(if any) it shall take. Where the Board has determined to take further action, the matter shall be heard
by the Board within three months from the date on which the complaint was received. The Board shall
fix the time and place for a full hearing of the matter, and shall cause a copy of the complaint, together
with a notice of the time and place fixed for the hearing, to be personally delivered or served upon the
practitioner at least thirty days before the date fixed for the hearing. In cases where the practitioner
cannot be located or where personal service cannot be effected, substitute service shall be effected in
the same manner as with civil litigation.
All hearings shall be informal without use of the rules of evidence. If the Board finds, by a
majority vote of all members, that the complaint has merit, the Board shall take such action permitted
under this Chapter as It deems necessary. The Board's decision shall be in writing and shall include its
reasons for such decision. A copy of the decision shall be mailed immediately to the complainant, and to
the practitioner. The Board's decision shall become effective on the thirtieth day after the date it is
mailed or served on the practitioner, unless there is an appeal to the Superior Court within that time.
Where either the complainant or the practitioner is In disagreement with the action of the
Board, either person may appeal the Board's decision to the Superior Court within thirty days of service,
or of the postmarked date of the copy of the Board's decision. Upon such appeal the Court shall hear the
evidence de novo, and the filing of an appeal shall act as a stay of the Board's decision, pending final
determine-Mx-TM-the appeal.
S316. Penalties
Where the Board has determined that a person is practicing architecture within this State
without having lawfully obtained a license therefor, or that a person previously licensed is unlawfully
practicing although his license as been suspended or revoked, the Board shall formally warn such person. If the offense continues, the Board shall make a formal complaint to the Attorney General. The
complaint shall include all evidence known to, or in the possession of, the Board.
Where the Board has placed a practitioner on probationary status under certain restrictions or
conditions, and the Board has determined that such restrictions or conditions are being or have been
violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the practitioner's
license.
Any person who violates the provisions of S303 of this Chapter shall be liable to a civil penalty
of not more than two thousand, five hundred dollars ($2,500) for the first offense; and not more than five
thousand dollars ($5,000) for the second and each subsequent offense, which penalty may be sued for, and
recovered by and in the name of the Board."
Section 2. Amend 510161, Chapter 101, Title 29 of the Delaware Code by adding thereto a new
subsection, designated as subsection (18), which new subsection shall read as follows:
"(18) Board of Architects."
Section 3. Each member of the present Board of Architects shall serve out the term for which he
was appointed. The incumbency of any hold-over member shall terminate on the effective date of this
Act. Notwithstanding the fact that Section I of this Act provides for a Board of nine members, the
Board of Architects shall contain all present members with unexpired terms, together with any
newly-appointed public members. The public members shall appointed as soon as practicable after the
effective date of this Act. Of the initial public members, one shall serve for a term of four years; one
shall serve for a term of three years; one shall serve for a term of two years; and one shall serve for a
term of one year. Upon expiration of terms of present board members, no new professional members
Chapter 1 7
shall be appointed until the terms of all but four architect members have expired. At such time, one new
professional member shall be appointed. Each present professional member may finish serving his
present term, and one succeeding term if re-appointed; but shall not be eligible thereafter for
re- appoi nt ment.
Section 4. If any provision of this Act or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications of this Act which can be
given effect without the invalid provision or application, and to that end the provisions of this Act are
declared severable.
Approved January 31, 1983.
CHAPTER 2
FORMERLY
SENATE BILL NO. 80
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 86, TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION
OF CONSUMER AFFAIRS AND THE COUNCIL ON CONSUMER AFFAIRS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. Amend 88612(a)03) by deleting the period after "Title" at the end of the sentence and
adding the following:
"In accordance with the Administrative Procedures Act."
Section 2. Amend S8612, Chapter 86, Title 29 of the Delaware Code by striking said section title in
its entirety and substituting in lieu thereof the following:
"Division of Consumer Affairs; powers; duties and objectives".
Section 3. Amend S8612, Chapter 88, Title 29 of the Delaware Code by redesignating subsections (a)
and (b) of said section as subsections (b) and (c) and adding a new subsection (a) to read as follows:
"(a) The objective of the Division of Consumer Affairs Is to protect the general public
against consumer fraud and deceptive trade practices through enforcement of state statutes,
consumer education, consumer advocacy and coordinated Inter and intra governmental cooperation."
Section 4. Amend S8614, Chapter 86, Title 29 of the Delaware Code by adding thereto a new
subsection (g) to read as follows:
"(g) The Council shall meet a minimum of three (3) times during a calendar year. Any
advisory recommendation to the Director from the Council shall within 30 days from receipt of the
advisory recommendation be considered and/or discussed by the Director and must be reflected
either in memoranda or in the business minutes of the Division."
Approved January 31, 1983.
S
CHAPTER 3
FORMERLY
HOUSE BILL NO. 19
AN ACT TO AMEND AN ACT ENTITLED "AN ACT TO REINCORPORATE THE TOWN OF DELMAR"
ALSO KNOWN AS VOLUME 61, CHAPTER 137, LAWS OF DELAWARE, BY PROVIDING THAT THE
ALDERMAN AND THE ASSISTANT ALDERMAN NEED NOT BE RESIDENTS OF THE TOWN AND
REMOVING THE QUALIFICATION THAT AN ALDERMAN OR AN ASSISTANT ALDERMAN SHALL
NOT BE MEMBERS OF THE TOWN COUNCIL.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each Howe thereof concurring therein):
Section 1. Amend Section 19(a) of Volume 61, Chapter 137, of the Laws of Delaware by striking said
section and inserting in lieu thereof the following:
"Section 19 (a) The Town Council may appoint an Alderman and also an Assistant Alderman.
Any person appointed as Alderman or Assistant Alderman shall be appointed for an indefinite term.
Either the Alderman or Assistant Alderman may be removed from office at any time, with or
without cause, by the affirmative vote of two-thirds of the elected members of the Council of the
Town of Delmar."
Approved February 2, 1983.
CHAPTER 4
FORMERLY
HOUSE BILL NO. 29
AN ACT TO AMEND AN ACT, BEING CHAPTER 516, VOLUME 60, LAWS OF DELAWARE, ENTITLED
"AN ACT AMENDING, REVISING AND CONSOLIDATING THE CHARTER OF THE CITY OF
SEAFORD" TO INCREASE THE AMOUNT WHICH MAY BE BORROWED BY THE CITY OF
SEAFORD IN ANTICIPATION OF REVENUES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each Howe thereof concurring therein):
Section I. Amend Section 1, Chapter 516, Volume 60, Laws of Delaware, by striking the words and
figures 'Two-Hundred Thousand Dollars ($200,000)" as they appear therein and inserting in lieu thereof
the following: "Seven Ilundred Fifty Thousand Dollars ($750,000)."
Approved February 2,1983.
CHAPTER 5
FORMERLY
HOUSE BILL NO. 47
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER, BEING CHAPTER 158, VOLUME 36,
LAWS OF DELAWARE, AS AMENDED, RELATING TO ANNEXATION ELECTIONS; THE
APPOINTMENT OF DEPUTY ALDERMAN; CONFERRING CERTAIN POWERS ON THE MAYOR
AND COUNCIL; RELATIVE COLLECTION OF TAXES ON NEW CONSTRUCTION; POLL
ASSESSMENT AND TAX DELINQUENTS; VOTING AGE; TAX EXEMPTIONS FOR PERSONS LESS
THAN TWENTY-ONE AND PROVIDING FOR REASSESSMENT OF REAL PROPERTY EVERY TEN
YEARS; PERMITTING THE CITY MANAGER TO MAKE MONTHLY REPORTS BASED ON PRESENT
DAY BUDGET ACCOUNTING METHODS; BALANCED BUDGET REQUIREMENTS; EQUITABLE
DISTRIBUTION ON THE PLANNING COMMISSION;CORRECTING CERTAIN TYPOGRAPHICAL
ERRORS IN THE CHARTER; GRANTING POWERS TO THE MAYOR AND COUNCIL; RELATIVE
FIRE PROTECTION; BOUNDARIES OF THE THIRD AND FOURTH DISTRICTS AND EMPLOYEE
PENSION PLANS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each Hose thereof concurring therein):
Section 1. Amend Chapter 158, Volume 36, Delaware Laws, as amended by striking the first
sentence In the sixth paragraph of Section IA in its entirety and inserting a new sentence to read as
follows:
"At any such election the polls shall be open from 11:00 a.m. to 8:00 p.m."
Section 2. Amend Chapter 158, Volume 36, Section 52, Delaware Laws, as amended, by striking the
first three paragraphs in their entirety and substituting in lieu thereof the following:
"At the annual meeting, the Council shall elect an Alderman and a Deputy Alderman for the
term of one (I) year or until their successors have been duly chosen and qualified.
The Alderman or Deputy Alderman may be removed during his term by a vote of three-fourths
of the members elected to the Council.
In the case of the temporary inability of the Alderman to perform his duties by reason of
sickness, ateence, or otherwise, the Deputy Alderman shall perform said duties. As hereinafter
provided, the Deputy Alderman shall have all of the powers and authorities and shall be subject to
all duties and regulation as is the Alderman."
Section 3. Amend Chapter 158, Volume 36, Delaware Laws, by striking the last two paragraphs of
Section 52.
Section 4. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding a new Section, to
wit: Section 49(A).
"S49(A). Assessment, Payment, and Collection of Taxes for New Construction
In the event that the Mayor and Council of the City of Dover desire to collect and levy taxes on
newly constructed property not taxed by virtue of the City's annual assessment, the City may enact
an ordinance to do so provided that:
Beginning In July, 1983, and for each quarter of each year thereafter, there shall be a true,
just, and Impartial valuation and assessment of all newly constructed real property within the
City, locating each parcel of real property by street and number or other description. Property
shall be deemed to be newly constructed when the City permits occupancy and use. The said
valuation and assessment shall be made by an assessor or assessors who shall be elected by
Council in accordance with the provisions set forth in Section 47 of this Charter.
The assessment as aforesaid shall be during the months of January, April, July, and October
of each year beginning In July 1983.
The assessment made as described herelnabove shall be deemed a general assessment for
all property with new construction.
The assessment for new construction shall be set down by the assessor or assessors in two
9
1.0 Chapter 5
(2) or more copies as the Council shall direct, and shall be delivered to the Council as soon as
made.
The Council may direct appeals from any general assessment for new construction in
accordance with Section 47 of this Charter.
Nothing in this Section contained shall be deemed or held to invalidate or otherwise affect
any assessment made prior to the approval of this Section or any tax levied thereunder.
In the months of February, May, August, and November, beginning in August 1983, the
Council shall deliver to the collector of taxes a list containing the names of taxables under this
Section and opposite the name of each the amount of the real property assessment, the tax upon
the total of the assessment, and the rate per hundred dollars. The said list shall be signed by
the Clerk of the Council.
All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30)
days of billing and those taxes not paid shall accrue a penalty in the amount of one and one-half
percent (1.5%) per month. For every tax that is not paid as prescribed herein, the tax collector
shall have all the powers conferred upon or vested In the Receiver of Taxes and County
Treasurer for Kent County.
The Council shall have the authority to allow errors and delinquents in the assessment.
This section shall become effective July I, 1983 and not pertain to any construction which
had building permits prior to July 1, 1983.
The provisions oaf 9 Del. C. S8705 and 25 Del. C. S52901 through 2905 of the revised Code
of Delaware, 1974, as amended, shall be deemed and held to apply to all taxes laid and imposed
upon the provisions of this Charter."
Section 5. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the words "and
his poll assessment" in the first sentence of Section 49 of the Charter of the City of Dover.
Section 6. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety
the second paragraph of Section 49 of the Charter of the City of Dover and substituting in lieu thereof
the following:
"All taxes shall be paid to the collector of taxes. A discount of five percent (5%) shall be
allowed on taxes paid during the month of May in the calendar year they were assessed. For all
taxes not paid on or before July 31 of each year in the calendar year that it is assessed, there shall
be added and collected one and one-half percent (1.5%) (18% per annum) for every month or fraction
of a month after the 31st day of July that said taxes remain unpaid."
Section 7. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting in its entirety
the first sentence of the third paragraph of Section 48 and inserting the following:
"Every resident of the said City who is eighteen (18) years of age and who lives In the City shall
be entitled to one vote."
Section 8. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking in its entirety
the first paragraph of Section 47 of the Charter of the City of Dover and substituting in lieu thereof the
following:
"That in the year 1950 and every year thereafter, there shall be made a true, Just, and impartial
valuation and assessment of all real property within the City, locating each parcel of real property
by street and number or other description. The said valuation and assessment shall be made by an
assessor or assessors who shall be elected by the Council at the previous December meeting by
majority vote thereof, and an assessor shall be a free holder within the corporate limits of the City.
Before entering upon the duties of his office, he shall be sworn or affirmed by a Justice of the Peace
to perform the duties of his office with fidelity and without favor or partiality."
Section 9. Amend Section 47, Chapter 158, Volume 36, Delaware Laws, as amended, by striking in
its entirety the part which reads: "the decision of a majority of the Councilmen sitting shall be final and
conclusive, provided that no Councilman shall vote on his own appeal" and insert in lieu thereof the
following:
"The decision of a majority of the Councilmen elected shall be final and conclusive, provided
that no Councilman shall vote on his own appeal."
Section 10. Amend Chapter 158, Volume 38, Delaware Laws, as amended, by adding the following
language to Section 47:
Chapter 5 11
Beginning in the year 1983, all real property in the City of Dover shall be reassessed by a
certified independent outside appraiser chosen by Council and the same shall be done at least every
ten (10) years thereafter. Said appraisal shall be in lieu of the valuation and assessment made by the
assessor chosen by Council as described hereinabove and In lieu of the assessor's duties described
hereinabove."
Section 11. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last
sentence of Section 45.
Section 12. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding to Section 44,
the following sentence:
"The total of proposed expenditures shall not exceed the total of anticipated income."
Section 13. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by adding the following to
Section 23 of the Charter:
"Members of any Planning Commission created by the City shall consist of two (2) members
from each Council district and one (1) member serving at large.
All members of the Planning Commission must be residents of the City of Dover.
This amendment shall not affect any members presently serving on the Planning Commission
until the expiration of their present terms."
Section 14. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the first
sentence of the second paragraph of Section 22 in its entirety and substituting in lieu thereof:
"The Council may provide for the issuance of building permits and forbid the construction of a
new building or the addition to or alteration and repair of an existing building except when a building
permit has been obtained therefor."
Section 15. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by deleting the last
sentence of Section 20 in its entirety and substituting in lieu thereof the following:
"The Council shall have the power to condemn any building or structure or portion thereof that
It deems to be a health hazard or constitutes a fire menace or to require or cause the same to be
torn down, removed, or so altered as to eliminate the health hazard or menace of fire."
Section 16. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the second
paragraph of Section 5 in its entirety and inserting a new paragraph to read as follows:
"In order that the members of Council shall be distributed over the City, the City shall be
divided into four (4) representative districts, and two (2) of said members of Council shall be
residents of each district. The first district shall be that portion of the City lying south of the
center line of North Street, and liazletteville Road west of State Street; the second district shall be
that portion of the City lying east of the center line of State Street and south of the center line of
Kings Highway East and North Little Creek Road; the third district shall be that portion of the City
lying north of the center line of North Street between the center line of Governors Avenue and the
center line of State Street and extending In a northerly direction from Kings Highway and North
Little Creek Road, including that portion of the City limits east of the median strip center line of
North U. S. Route 1113; the fourth district shall be that protion of the City lying north of the center
line of North Street and west of the center line of Governors Avenue, North State Street and the
median strip center line of North U. S. Route 1113."
Section 17. Amend Chapter 158, Volume 36, Delaware Laws, as amended, by striking the last
sentence of paragraph two of Section 3 of the Charter of the City of Dover.
Approved February 2, 1983.
12
CHAPTER 6
FORMERLY
HOUSE BILL NO. 49
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND SECTION 1154, CHAPTER II, TITLE 30, DELAWARE CODE, RELATING TO
EMPLOYER WITHHOLDING AND PAYMENT OF DELAWARE INCOME TAX.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OP DELAWARE:
Section 1. Amend Section 1154(a), Title 30, Delaware Code, by inserting immediately following the
word "general' the following
"Except as provided in subsection (c),".
Section 2. Amend Section 1154(a), Title 30, Delaware Code, by striking the words "such employer
may file and pay the tax for such quarter on or before the 15th day," and inserting in lieu thereof:
"such employer may file and pay the tax for such quarter on or before the 30th day"
Section 3. Amend Section 1154, Title 30, Delaware Code, by adding a new subsection (c) to read as
follows:
"(c) In the case of any employer, if the aggregate amount of taxes required to be deducted and
withheld under this Chapter for any month exceeds $5,000, each month of the return period for such
employer shall be divided into 8 deposit or return periods. These deposit or return periods end on
the 3rd, 7th, 11th, 15th, 19th, 22nd, 25th and last day of every month. If the tax required to be
withheld under this Chapter by any employer at the end of any of the 8 deposit periods during the
month cumulatively exceeds $5,000, such employer shall file a withholding return and pay over the
tax to the Division of Revenue, or a designated depository, not later than the close of the 3rd
working day following the end of such deposit period."
Section 4. Effective Date. The amendments made by this Act shall be effective as of April 1, 1983.
Approved February 2, 1983.
CHAPTER 7
FORMERLY
HOUSE BILL NO. 50
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO EMPOWER THE GOVERNOR TO EFFECT REDUCTIONS IN APPROPRIATIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section I. The Governor is hereby empowered to make reductions in the amounts appropriated in
any line by the FY 1983 Budget Act, otherwise entitled Chapter 322, Volume 63, Laws of Delaware, to
the Judiciary and to Higher and Public Education, as necessary, to balance the Pi 1983 budget, or to
otherwise reduce an FY 1983 budget deficit; provided, however, that:
(a) Reductions to appropriations in any agency of public education (other than the state Board
of Education) shall be limited to one-fourth of the amount appropriated to such agency in its line
entitled "Division It - Energy Costs', although such reduction may be taken In said line or any other
line.
(hi Reductions to appropriations for the Judicial branch of government (not including the
Department of Justice or the Office of the Public Defender)shall be limited In amount to $500,000.,
(e) Reductions limited under this Act shall not be effective unless and until approved in writing
by the Budget Director and the Controller General.
(d) The Secretary of Finance is authorized to issue regulations for the purpose of implementing
this Act.
Approved February 2, 1983.
CHAPTER 8
FORMERLY
SENATE BILL NO. 29
AS AMENDED BY HOUSE AMENDMENT NO. I
AN ACT TO AMEND CHAPTER 51, TITLE 24, DELAWARE CODE, RELATING TO THE BOARD OF
PERSONAL SERVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Chapter 51, Title 24 of the Delaware Code by striking Chapter 51 in its entiety
and substituting in lieu thereof a new Chapter 51 which shall read as follows:
"CHAPTER 51. BOARD OF COSMETOLOGY AND BARBERING
55101. Objectives and Functions
The primary objective of the Board of Cosmetology and Barbering, to which all other objectives
and purposes are secondary, is to protect the general public (specifically those persons who are
direct recipients of services regulated by this Chapter) from unsafe practices, and from
occupational practices which tend to reduce competition or artificially fix the price of services
rendered. The secondary objectives of the Board are to maintain minimum standards of practitioner
competency, and to maintain certain standards in the delivery of services to the public. In meeting
its objectives, the Board shall develop standards assuring professional competency; shall monitor
complaints brought against practitioners regulated by the Board; shall adjudicate at formal
complaints hearings; shall promulgate rules and regulations; and shall Impose sanctions where
necessary against practitioners.
55102. Powers and Duties
The Board of Cosmetology and Barbering shall regulate persons practicing the occupation of
barber, and persons practicing the occupation of cosmetologist. The Board shall have all of the
rights, powers and duties formerly vested in the Board of Personal Services.
55103. License to Practice
No person may practice cosmetology and barbering in this State who has not been licensed in
accordance with this Chapter. Under such rules and regulations as the Board may adopt, the
provisions of this Chapter shall not be construed to prohibit:
Persons who are licensed to practice cosmetology or barbering in any other State,
district, or foreign country who, as practicing cosmetologists or barbers, enter this State to
consult with a cosmetologist or barber of this State. Such consultation shall be limited to
examination and recommendations;
Any student of an accredited school or college of cosmetology or barbering who is
receiving practical training under the personal supervision of a licensed cosmetologist or
barbering in Delaware;
Any cosmetologist or barber commissioned by any of the Armed Forces of the United
States, or by the Public Health Service.
55104. Board of Cosmetology and Barbering
The Board of Cosmetology and Barbering shall consist of nine members appointed by the
Governor, one of whom shall be an instructor; four members who shall be licensed cosmetologists;
two members who shall be licensed barbers and three public members. To serve on the Board, a
public member shall not be nor ever have been a cosmetologist or barber, nor a member of the
immediate family of a cosmetologist or barber; shall not have been employed by a cosmetologist or
barber; shall not have had a material financial interest in the providing of goods and services to a
cosmetologist or barber nor have been engaged in an activity directly related to cosmetology or
barbering. Such public member shall be accessible to inquiries, comments and suggestions from the
general public.
Each member shall serve for a term of three years, and may succeed himself for one
additional term; provided however, that where a member was initially appointed to fill a vacancy,
such member may succeed himself for only one additional full term. Any person appointed to fill a
vacancy on the Board shall hold office for the remainder of the unexpired term of the former
member. Each term of office shall expire on the date specified in the appointment, and the member
13
shall no longer be eligible to participate In Board proceedings unless lawfully appointed.
A member of the Board shall be suspended or removed by the Governor for misfeasance,
non-feasance or malfeasance. A member subject to disciplinary proceedings shall be disqualified
from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board
member may appeal any suspension or removal to the Superior Court.
No member of the Board of Cosmetology or Barbering, while serving on the Board, shall be
a President, Chairman or other official of a professional cosmetology or barbering association.
The provisions set forth for "employees" in §5855 of Title 29 shall apply to all members of
the Board, and to all agents appointed by or otherwise employed by the Board.
(0 Board members shall be reimbursed for all expenses involved In each meeting, excluding
travel; and In addition shall receive not more than fifty dollars ($50.00) each meeting attended, but
not more than five hundred dollars ($500.00) in any calendar year. After ten meetings have been
attended, the member shall not be compensated for any subsequent meetings attended In that year.
55105. Officers; Conduct of Business
In the same month of each year the members shall elect, from among their number, a
President, a Secretary and a Treasurer. Each officer shall serve for one year, and shall not succeed
himself in the same office.
The Board shall hold a regularly scheduled business meeting at least once In each quarter of
a calendar year and at such other times as the President deems necessary, or at the request of a
majority of Board members.
A majority of members shall constitute a quorum; and no action shall be taken without the
affirmative vote of at least five members. Any member who falls to attend three consecutive
regular business meetings, or who falls to attend at least half of all regular business meetings during
any calendar year, shall automatically upon such occurrence be deemed to have resigned from office
and a replacement shall be appointed.
id) Minutes of all meetings shall be recorded, and copies of the minutes shall be maintained by
the Division of Business and Occupational Regulation. At any hearing where evidence is presented,
such hearing shall be recorded and transcribed by the Division.
55106. Powers and Duties
(a) The Board of Cosmetology and Barbering shall have authority to:
(I) Formulate rules and regulations, with appropriate notice to those affected, where such
notice can reasonably be given. Each rule or regulation shall implement or clarify a specific
section of this chapter;
Designate the application form to be used by all applicants, and to process all
applications;
Designate a written examination, prepared by either the national professional
aociation or by a recognized legitimate national testing service.
Provide for the administration of all examinations, including notice and information to
applicants;
Grant licenses to all persons who meet the qualifications for licensure;
Receive complaints from practitioners and from the public concerning practitioners, or
concerning practices of the profession; to evaluate such complaints; and to take such action
within its powers as the Board deems appropriate;
Determine whether or not a practitioner shall be the subject of a disciplinary hearing,
and if so, to conduct such hearing In accordance with this chapter and the provisions of the
Administrative Procedures Act;
Where it has been determined after a disciplinary hearing, that penalties or sanctions
should be Imposed, to designate and impose the appropriate sanction or penalty after time for
appeal has lapsed;
Bring proceedings in the courts for the enforcement of this chapter;
Maintain complete records relating to meeting minutes, applications, examinations,
Is Chapter 8
Chapter 8 15
rosters, changes and additions to the rules and regulations, complaints, hearings, and such other
matters as the Board shall determine.
(b) The Board may require by subpoena the attendance and testimony of witnesses In and
production papers, records or other documentary evidence.
S5107. Application Procedure
(a) An applicant who is applying for examination and licensure shall have the following
qualifications:
Have met the requirements of S605, Chapter 6, Title 24, Delaware Code, or the
requirements of S409, Chapter 4, Title 24, Delaware Code.
Each applicant shall provide such information as may be required on an application
form designed and furnished by the Board. No application form shall require a picture of the
applicant; require information relating to citizenship, place of birth, or length of state
residency; nor require personal references.
(b) Where a person who feels the Board refused or rejected his application without justification;
has imposed higher or different conditions for him that other applicants or persons now licensed; or
has In some other manner contributed to or caused the failure of such person's application, the
applicant may appeal to the Superior Court.
(c) Where the Board has found to its satisfaction that an application has been intentionally
fraudulent, or that false information has been intentionally supplied, it shall report its findings to
the Attorney General for further action.
S5108. Examination of Applicants
The Board shall administer examinations at its own discretion. Where an applicant fails to pass
the examination, but has successfully completed and passed certain sections or portions of the
examination, the applicant in the next subsequent examination shall be tested only for those portions
or sections which he failed. In the event the applicant fails the second time to successfully
complete or pass the examination, the Board may require that such applicant again take the
complete examination.
S5109. Reciprocity
Where the applicant is already licensed in another State, the Board shall accept the certificate
Issued by the other State in lieu of all other requirements for licensure provided for in this chapter.
Upon receipt of an application for reciprocity, the Board shall contact each board which has
previously licensed the applicant, to determine whether or not there are disciplinary proceedings or
unresolved complaints pending against the applicant. In the event there is a disciplinary proceeding
or unresolved complaint pending, the applicant shall not be licensed until the proceeding or
complaint has been resolved. An application for licensure by reciprocity shall be accompanied by
full payment of the reciprocity fee.
S5110. Fees
The amount to be charged for each fee imposed under this chapter shall approximate and
reasonably reflect all costs necessary to defray the expenses of the Board, as well as the
proportional expenses incurred by the Division of Business and Occupational Regulation in its
services on behalf of the Board. There shall be a separate fee charged for each service or activity,
but no fee shall be charged for an activity not specified In this Chapter. The application fee shall
not be combined with any other fee or charge. At the beginning of each calendar year the Division
of Business and Occupational Regulation, or any other state agency acting in its behalf, shall
compute for each separate service or activity, the appropriate fee for the coming year.
Notwithstanding the provisions of this Section fees shall not be less than the current fees presently
In effect.
55111. Licensure; Renewal of License
Each person who has passed the written examination, who has been admitted to practice in
this State by reciprocity, or who has otherwise qualified for a license shall, prior to receiving such
license, file for and obtain an occupational license from the Division of Revenue In accordance with
Chapter 23 of Title 30. The Board shall forthwith issue a license to each person who has qualified
for same under the provisions of this chapter.
Each license shall be renewed biennially, in such manner as is determined by the Division of
Business and Occupational Regulation. The Board shall, in its rules and regulations, determine the
period of time within which a practitioner may still renew his license, notwithstanding the fact that
16 Chapter 8
such practitioner has failed to renew on or before the renewal date; provided however, that such
period shall not exceed one year. The Board shall charge for each month or quarter during such
"late renewal period" a late fee which, at the end of such "late period," shall be twice the sum of the
unpaid renewal fee. At the expiration of the period designated by the Board, the license shall be
deemed to be lapsed and not renewable, unless the former licensee re-applies under the same
conditions which govern reciprocity; provided however, that the former licensee shall also pay a
reinstatement fee in an amount which Is three times the amount of the reciprocity fee.
Any licensee may, upon his written request, be placed In an inactive status. The renewal
fee of such person shall be pro-rated in accordance with the amount of time such person was
Inactive. Such person may re-enter practice upon notification to the Board of his intent to do so.
A former licensee who has been penalized for the violation of a provision of this chapter, or
whose license has been suspended or revoked, and who subsequently is permitted to apply for
reinstatement shall apply for a new license, successfully complete the examination, and shall pay all
appropriate fees before he may be licensed.
S5112. Complaints
Any practitioner or member of the public who has a question or a complaint concerning any
aspect of the practice of cosmetology or barbering may, during the regular business hours of a
business day, contact the Board or the Division of Business or Occupational Regulation; or voice
such question or complaint at a business meeting of the Board.
The Board shall investigate any complaint, Including oral and anonymous complaints; and
shall follow through on those informal complaints which, upon investigation, appear to be valid and
well-founded. In cases where the complainant is known to the Board, the Board shall, within one
week after receipt of the complaint, notify the complainant as what action (if any) the Board
intends to take in the matter. A complete record shall be kept of each complaint, formal or
informal; provided however, that the complaints records may be purged after five years.
S5113. Violations; Grounds for Professional Discipline
(a) Practitioners regulated under this Chapter shall be subject to those disciplinary actions set
forth in S5114 if, after a hearing, the Board finds:
(I) That the practitioner has employed or knowingly cooperated in fraud or material
deception in order to be licensed, or be otherwise authorized to practice cosmetology or
barbering;
Illegal, incompetent or negligent conduct in the practice of cosmetology or barbering;
Excessive use or abuse of drugs (including alcohol, narcotics or chemicals);
That the practitioner has been convicted of a felony or crime involving moral turpitude;
That the practitioner, as a cosmetologist or barber or otherwise in the practice of his
profession, knowingly engaged In an act of consumer fraud or deception, engaged in the
restraint of competition, or participated in price-fixing activities;
That the practitioner has violated a lawful provision of this Chapter, or any lawful
regulation established thereunder.
(b) A practitioner shall be subject to non-disciplinary remedial action if, after a hearing, the
Board finds that there is a danger to the public due to:
(I) Physical illness or loss of motor skill, including but not limited to deterioration through
the aging process; or
Temporary emotional disorder or mental illness; or
Permanent emotional disorder or mental illness.
(c) If a practitioner's physical or mental capacity to practice safely is at issue in a
non-disciplinary remedical proceeding, the Board may order a practitioner to submit to a reasonable
physical or mental examination. Failure to comply with a lawful order to submit to a physical or
mental examination shall render the practitioner liable to temporary suspension or revocation of
license in accordance in accordance with S5114.
(d) Where a practitioner fails to comply with the Board's request that he submit to a
examination or attend a hearing, the Board may petition the Superior Court to order such
examination or attendance, and the said Court or any Judge assigned thereto shall have jurisdiction
chapter 8
to issue such order.
(e) Subject to the provisions of Subchapter IV, Chapter 101, Title 29 of the Delaware Code, no
license shall be restricted, suspended or revoked by the Board; and no practitioner's right to practice
shall be limited by the Board, until such practitioner has been given notice, and an opportunity to be
heard In accordance with the Administrative Procedures Act.
S5114. Remedial Actions and Disciplinary Sanctions
The Board may impose any of the following sanctions, singly or in combination, when it finds
that one of the conditions or violations set forth in S5113 applies to a practitioner regulated by this
Chapter:
(1) Issue a letter of reprimand;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status, and require the practitioner to:
Report regularly to the Board upon the matters which are the basis on the
probation,
Limit all practice and professional activities to those areas prescribed by the
Board, and/or
(4) Suspend any practitioner's license; or
(5) Revoke a practitioner's license.
The Board may withdraw or reduce conditions of probation when it finds that the
deficiencies which required such action have been remedied.
The Board may temporarily suspend a practitioner's license in advance of a final
adjudication, or during the appeals process; but only in cases where there is a clear and immediate
danger to the health and safety of a patient or to the public if the licensee is allowed to continue to
practice. Such suspension may be appealed,
Where a license has been suspended due to a disability of the licensee, the Board may
reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice
with reasonable skill and safety to the public.
As a condition to reinstatement of a suspended license, or removal from probationary
status, the Board may impose such disciplinary or corrective measures as are authorized under this
Chapter.
S5115. Board Hearings; Procedure
Upon the receipt of a complaint, the Board shall determine what action, If any, it shall
take. If the Board decides not to take any further action, and the complainant is known to the
Board, the Board shall forward by letter to the complainant its reasons for not taking further
action. Where the Board has determined to take further action, the matter shall be heard by the
Board within three months from the date on which the complaint was received. The Board shall fix
the time and place for a full hearing of the matter, and shall cause a copy of the complaint,
together with a notice of the time and place fixed for the hearing, to be personally delivered or
served upon the practitioner at least thirty days before the date fixed for the hearing. In cases
where the practitioner cannot be located or where personal service cannot be effected, substitute
service shall be effected in the same manner as with civil litigation.
All hearings shall be informal without use of the rules of evidence. If the Board finds, by a
majority vote of all members, that the complaint has merit, the Board shall take such action
permitted under this Chapter as it deems necessary. The Board's decision shall be in writing and
shall Include its reasons for such decision. A copy of the decision shall be mailed immediately to the
practitioner. The Board's decision shall become effective on the thirtieth day after the date it is
mailed or served on the practitioner, unless there is an appeal by the practitioner to the Superior
Court within that time.
Where the practitioner is in disagreement with the action of the Board, he may appeal the
Board's decision to the Superior Court within thirty days of service, or of the postmarked date of the
copy of the decision mailed to him. Upon such appeal the Court shall hear the evidence de novo, and
the filing of an appeal shall act as a stay of the Board's decision, pending final determinat OrrCo-( the
practitioner's appeal.
17
18 Chapter 8
55116. Penalties
Where the Board has determined that a person Is practicing cosmetology or barbering within
this State without having obtained a license therefor to practice, or that a person previously
licensed is unlawfully practicing although his license as been suspended or revoked, the Board shall
formally warn such person. If the offense continues, the Board shall make a formal complaint to the
Attorney General. The complaint shall include all evidence known to, or in the possession of, the
Board.
Where the Board has placed a practitioner on probationary status under certain restrictions
or conditions, and the Board has detemlned that such restrictions or conditions are being or have
been violated by the practitioner, it may, after a hearing on the matter, suspend or revoke the
practitioner's license.
Where a person not currently licensed as a cosmetologist or barber is convicted of
unlawfully practicing cosmetology or barbering in violation of this Chapter such offender shall, upon
the first offense, be fined $50, and shall pay all costs; provided however, that where it is alleged
that such violation has resulted in injury to any person, the offender shall be charged and tried under
the appliable provisions of Title II.
Where a person previously convicted of unlawfully practicing cosmetology or barbering is
convicted a second or subsequent time of such offense, the fine assessed against such person shall be
increased by two hundred and fifty dollars ($250) for each subeequent offense thereafter."
Section 2. The licenses of all persons licensed in Delaware as cosmetologists or barbers on the
effective date of this Act shall continue to be valid, and shall not in any way be Invalidated or otherwise
affected by this Act.
Section 3. Of the initial Board of Cosmetology and Barbering established under this Act, two
professional members shall be appointed for a term of three years; two professional members and two
public members shall each be appointed for a term of two years; and two professional members and one
public member shall be appointed for a term of one year.
Section 4. The provisions of this Act shall become effective thirty days after its enactment Into law.
Approved Fetruary 2, 1983.
19
CHAPTER 9
FORMERLY
SENATE BILL NO. 54
AS AMENDED BY SENATE AMENDMENT NO. I
AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING.
WHEREAS, it is deemed advisable that the Charter of the Town of Wyoming, contained in Chapter
189, Volume 43, Laws of Delaware, as amended, be in certain respects amended and revised.
NOW, THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all
members elected to each Howe thereof concurring therein):
Section 1. Amend 43, Delaware Laws, Chapter 189 by adding a new Section 43 to read as follows:
"ANNEXATION OF TERRITORY
In the event it becomes feasible and necessary in the future for the Town of Wyoming to large its
then existing limits and territory, such annexation accomplished pursuant to the following procedures
shall be lawful:
If all of the property owners of the territory contiguous to the then existing corporate limits
and territory of The Town of Wyoming, by written Petition with the signature of each such
Petitioner duly acknowledged, shall request the Town Council to annex that certain territory in
which they own property, the Mayor of the Town of Wyoming shall appoint a Committee composed
of not less than three (3) of the elected members of the Town Council to investigate the possibility
of annexation. Territory which is otherwise contiguous except for its separation from the corporate
limits and territory of The Town of Wyoming by public roadway, street, thoroughfare, easement or
right-of-way shall be deemed contiguous for purposes of annexation under this Charter. The
Petition presented to the Town Council shall include a description of the territory requested to be
annexed and the reasons for the requested annexation. Not later than ninety (90) days following its
appointment by the Mayor, as aforesaid, the Committee shall submit a written report containing its
finding and conclusions to the Mayor and Town Council of Wyoming. The report so submitted shall
include the advantages and disadvantages of the proposed annexation both to The Town of Wyoming
and to the territory proposed to be annexed and shall contain the recommenation of the Committee
whether or not to proceed with the proposed annexation and the reasons therefor. In the event that
the Committee appointed by the Mayor concludes that the proposed annexation is advantageous both
to the Town and to the territory proposed to be annexed, the Town Council of Wyoming may then
pass a second Resolution annexing such territory to The Town of Wyoming. Such Resolution shall be
passed by the affirmative vote of two-thirds (2/3) of all the elected members of the Town Council.
In the event that the Committee appointed by the Mayor concludes that the proposed annexation is
disadvantageous either to the Town or to the territory proposed to be annexed, the procedure to be
followed shall be the same as hereinafter provided as if the annexation were proposed by five (5) or
more property owners but less than all the property owners of a territory contiguous to the then
limits and territory of the Town of Wyoming.
If five (5) or more property owners, but less than all of the property owners of a territory
contiguous to the then limits and territory of The Town of Wyoming by written Petition with the
signature of each such Petitioner duly acknowledged, shall request the Town Council to annex that
certain territory In which they own property, the Mayor of the Town of Wyoming shall appoint a
Committee composed of not less than three (3) of the elected members of the Town Council to
investigate the possibility of annexation. The Petition presented to the Town Council shall include a
description of the territory requested to be annexed and the reasons for the requested annexation; or
the Town Council, by majority vote of the elected members thereof may, by resolution; propose that
a committee composed of not less than three (3) of the elected members of the Town Council be
appointed by the Mayor to investigate the possibility of annexing any certain territory contiguous to
the then limits and territory of The Town of Wyoming.
Not later than ninety (90) days following its appointment by the Mayor, as aforesaid, the
Committee shall submit a written report containing its findings and conclusions to the Mayor and
the Town Council of Wyoming. The report so submitted shall include the advantages and
disadvantages of the proposed annexation both to the Town of Wyoming and to the territory
proposed to be annexed and shall contain the recommendation of the Committee whether or not to
proceed with the proposed annexation and the reasons therefor. In the event that the Committee
appointed by the Mayor concludes that the proposed annexation is advantageous both to the Town
20 Chapter 9
and to the territory proposed to be annexed, within thirty (30) days after receiving the report, a second
resolution shall then be passed by the Town Council proposing to the property owners and residents of
both The Town of Wyoming and the territory proposed to be annexed that the Town annex certain
territory contiguous to its then limits and territory. In the event that the Committee appointed by the
Mayor concludes that the proposed annexation is disadvantageous either to the Town or to the territory
proposed to be annexed, within thirty (30) days after receiving the report of the Committee, the
Resolution proposing annexation to the property owners and residents of both the Town and the territory
proposed to be annexed shall be passed by the affirmative vote of two-thirds (2/3) of the elected
members of the Town Council. If the Resolution shall fail to receive the affirmative vote of two-thirds
(2/3) of the elected members of the Town Council, the territory proposed to be annexed shall not again
be considered for annexation for a period of one (I) year from the date that the Resolution failed to
receive the required affirmative vote. The second Resolution shall contain a description of the territory
proposed to be annexed and shall fix a time and place for a public hearing on the subject of the proposed
annexation. The Resolution adopted by the Town Couneil setting forth the above information shall be
printed in a newspaper having a general circulation in The Town of Wyoming at least one (I) week prior to
the date set for the public hearing, or, at the discretion of the Town Council, the said Resolution shall be
posted in four (4) public places both in The Town of Wyoming and in the territory proposed to be annexed.
Following the public hearing, but in no event later than thirty (30) days thereafter, a
Resolution shall then be passed by a majority of the Town Council ordering a Special Election to be
held not less than thirty (30) nor more than sixty (60) days after the said public hearing on the
subject of the proposed annexation. Passage of this Resolution shall J2c2 facto be considered the
determination of the Town Council to proceed with the matter of the proposenexation.
The notice of the time and place of the said Special Election shall be printed within thirty
(30) days immediately proceeding the date of this Special Election In at least two (2) issues of a
newspaper having a general circulation in The Town of Wyoming, or, in the discretion of the Town
Council, the said notice may be posted in public places, both in The Town of Wyoming and in the
territory proposed to be annexed at least fifteen (15) days prior to the date set for the said Special
Election.
At the Special Election, every citizen of either The Town of Wyoming or of the territory
proposed to be annexed over the age of eighteen (18) years shall have one (1) vote. Every owner of
property within either The Town of Wyoming or in the territory proposed to be annexed who is not a
citizen therein; whether an individual partnership or a corporation, shall have one (I) vote. In the
cases of jointly owned property the votes of the owners of shares therein shall be in accordance with
their respective shares or, if all owners appear at the polls and so consent, all of the votes may be
cast by the owner of any share. Life tenants shall have the entire vote as to the property so held
and holders of remainder interest only shall have no vote by reason thereof. In no event shall any
person be entitled to more than one (I) vote. Property owners whose property is exempt from
taxation or is not assessed for taxation shall not be entitled to vote. The books and records of The
Town of Wyoming in the case of property owners and citizens of the Town and the books and records
of the Board of Assessment of Kent County, in the case of property owners and residents of the
territory to be annexed, shall be conclusive evidence of the right of such property owners and
citizens to vote at the Special Election.
In the event that an individual holds a Power of Attorney duly executed and acknowledged
specifically authorizing the said individual to vote at the said Special Election, a duly authenticated
Power of Attorney shall be filed with the Town Council of The town of Wyoming. Said Power of
Attorney so filed shall constitute conclusive evidence of the right of said person to vote in the
Special Elec lion.
The Town Council of The Town of Wyoming shall cause voting machines to be used in the
Special Election, the form of ballot to be printed as follows:
For the proposed annexation
Against the proposed annexation
(I) The Mayor of The Town of Wyoming shall appoint three (3) persons to act as a Board of
Special Elections, at least one (1) of whom shall own property in The Town of Wyoming and at least
one (I) of whom shall own property in the property proposed to be annexed. One (I) of the said
persons so appointed shall be designated the Presiding Officer. Voting shall be conducted in a public
place as designated by the Resolution calling the Special Election. The Board of Special Elections
shall have available, clearly marked, two (2) voting machines. All votes cast by those persons,
partnerships or corporations authorized to vote as residents or property owners in the territory
proposed to be annexed shall be accomplished on one such voting machine and all ballots cast by
those persons, partnerships, or corporations authorized to vote as residents or property owners in the
territory proposed to be annexed shall be accomplished on one such voting machine and all ballots
cast by those persons, partnerships, or corporation who are authorized to vote as residents or
property owners of The Town of Wyoming shall be accomplished on the other such voting machine.
The polling place shall be open from one o'clock in the afternoon, prevailing time, until six o'clock of
Chapter 9 21
the event, prevailing time, on the date set for the Special Election. All persons in the polling place at
the time of the closing of the polls shall be permitted to vote, even though such votes are not cast until
after the time for closing of the polls.
Immediately upon the closing of the polling place, the Board of Special Election shall count
the ballots for and against the proposed annexation and shall announce the result thereof; the Board
of Special Election shall make a Certificate under their Hands of the votes cast for and against the
proposed annexation and the number of void votes and shall deliver the same to the Town Council of
The Town of Wyoming. Said Certificate shall be filed with the papers of the Town Council.
In order for the territory proposed to be annexed to be considered annexed, a majority of the
votes cast both from The Town of Wyoming, and from the territory proposed to be annexed must
have been cast in favor of the proposed annexation. in the event that the Special Election results in
an unfavorable vote for annexation, no part of the territory considered at the Special Election for
annexation shall again be considered for annexation for a period of at least one (1) year from the
date of the said Special Election. If a favorable vote for annexation shall have been cast, the Town
Council of The Town of Wyoming shall cause a description and a plot of the territory so annexed to
be recorded In the Office of the Recorder of Deeds, in and for Kent County, but in no event shall
said recordation be completed more than ninety (90) days following the date of the said Special
Election. The territory considered for annexation shall be considered to be a part of The Town of
Wyoming from the time of recordation. The failure to record the description of the plot within the
specified time shall not make the annexation invalid, but such annexation shall be deemed to be
effective at the expiration of the ninety (90) day period from the date of the favorable Special
Election.
(I) If the territory proposed to be annexed includes only territory which is exempt from taxation
or which is not assessed on the books on the Board of Assessment of Kent County, no election shall
be necessary and the Town Council of The Town of Wyoming may proceed to annex such territory by
receiving a certified copy of a Resolution requesting such annexation, if such property Is owned by a
corporation, or by a written Petition with the signature of each such Petitioner duly acknowledged,
if such property is owned by an individual, requesting the Town Council to annex that certain
territory in which they own property. The certified copy of the Resolution or the Petition shall
include a description of the territory requested to be annexed and the reasons for the requested
annexation. Upon receipt of the certified copy of the Resolution or the Petition, the Mayor of The
Town of Wyoming shall appoint a committee composed of not less than three (3) of the elected
members of the Town Council to investigate the possibility of annexation. No later than ninety (90)
days following its appointment by the Mayor, as aforesaid, the committee shall submit a written
report containing its findings and conclusions to the Mayor and Town Council of Wyoming. The
report so submitted shall include the advantages and disadvantages of the proposed annexation both
to The Town of Wyoming and to the territory proposed to be annexed and shall contain the
recommendation of the committee whether or not to proceed with the proposed annexation both to
The Town of Wyoming and to the territory proposed to be annexed and shall contain the
recommendation of the committee whether or not to proceed with the proposed annexation and the
reasons therefor. In the event that the committee appointed by the Mayor concludes that the
proposed annexation is advantageous both to the Town and to the territory proposed to be annexed,
the Town Council of Wyoming may then pass a second Resolution annexing such territory to The
Town of Wyoming. Such Resolution shall be passed by the affirmative vote of two-thirds (2/3) of all
the elected members of the Town Council. in the event that the committee appointed by the Mayor
concludes that the proposed annexation is disadvantageous either to the Town or to the territory
proposed to be annexed, the Resolution shall be passed by three-fourths (3/4) of all the elected
members of the Town Council. If the Resolution fails to receive the required number of votes, no
part of the territory proposed for annexation shall again be proposed for annexation for a period of
one (I) year from the date that the Resolution failed to receive the required votes. If the Resolution
receives the required number of votes, the Town Council of The Town of Wyoming shall cause a
description and a plot of the territory so annexed to be recorded in the Office of the Recorder of
Deeds in and for Kent County, and in no event shall such recordation be completed more than ninety
(90) days following the passage of the Resolution. The territory considered for annexation shall be
considered to be a part of The Town of Wyoming from the time of recordation. The failure of the
Town Council to record the description and plot within the time herelnbefore specified shall not
make the annexation invalid, but such annexation shall be deemed to be effective at the expiration
of the ninety (90)day period from the date of the passage of the Resolution."
Section 2. All Acts or parts of Acts inconsistent with or in conflict with the provisions of this
Charter Amendment be and the same are hereby repealed to the extent of any

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY SECOND
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 11, A. D.
1983
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 10, A. D.
1984
VOLUME LXIV